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HomeMy WebLinkAbout1999-10-27 Packet I I jCITY UNCIL MEETING AGENDA WEDNES t Y, OCTOBER 27,1999 6•10 p.m. CALL TO ORDER V 1. Roll Call PUBLIC HEARING (S) YHI. APPEARANCES /AWARDS V. CO IDERATION OF MINUTES ▪ October 13, 1999 Council Meeting Minutes V i ENT OF CLAIMS The City of Centerville October 14 through October 27, 1999 Centennial Fire District SET AGENDA y4 PETITIONS AND COMPLAINTS 4 . I. UNFINISHED BUSINESS • Animal Ordinance aili 14• NEW BUSINESS 'i Gam. --Lw Draft Rental Housing Ordinance " �,, Q ; �. • Tri-City Police Joint Powers Agreement V ' • Lift Station #2 Upgrade fea* • ` ? Public Works Employee Appointme� GX �'. Lawn Mowing Contract Water Connection for 7289 Mill Road Ivtlw el. 4.4 4n. kg . 5t k.avHit (j CONSENT AGENDA &XI. COMMITTEE REPORTS �CII. ADMINISTRATORS REPORT XIII. ADJOURNMENT a //J ; 50. ( 4,, v E.4c hick Seas, 4 ,c., aloe. r CITY COUNCIL MEETING AGENDA WEDNESDAY, OCTOBER 27,1999 6:00 p.m. I. CALL TO ORDER 1. Roll Call H. PUBLIC HEARING (S) III. APPEARANCES /AWARDS IV. CONSIDERATION OF MINUTES 1. October 13, 1999 Council Meeting Minutes V. PAYMENT OF CLAIMS 1. The City of Centerville October 14 through October 27, 1999 2. Centennial Fire District VI. SET AGENDA VII. PETITIONS AND COMPLAINTS VIII. UNFINISHED BUSINESS 1. Animal Ordinance IX. NEW BUSINESS 1. Draft Rental Housing Ordinance 2. Tri-City Police Joint Powers Agreement 3. Lift Station #2 Upgrade 4. Publie Works Employee Appointment 5. Lawn Mowing Contract 6. Water Connection for 7289 Mill Road X. .CONSENT AGENDA XI. COMMITTEE REPORTS XH. ADMINISTRATORS REPORT XIII. ADJOURNMENT NOT APPROVED CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 13,1999 6:00 p.m. Pursuant to due call and notice thereof, the City Council of Centerville held their regularly scheduled meeting on October 13, 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 Brousarrd Vickers STAFF: City Administrator, Jim March City Clerk, Diane Ward City Attorney, Jim Hoeft City Engineer, Tom Peterson L CALL TO ORDER Mayor Wilharber called the October 13, 1999 City Council meeting to order at 6:00 p.m. The mayor introduced Diane Ward, the new city clerk. II. PUBLIC HEARING (S) III. APPEARANCES /AWARDS Metropolitan Mosquito Control District Representatives from the Metropolitan Mosquito Control District, Mike McClain and Jim Spicer appeared before Council to recap activities in and around the Centerville area. The representatives also answered questions on citizen involvement and their operations in the spraying of the area. He also addressed concerns in the chemicals used, and consideration that is given to the residents in the area during the spraying operations. Page 1 of 7 Mr. Rod Henslin asked about mitigated ponds placed in the new developments and suggested that the City consider designing these ponds to not be a mosquito habitat • IV. CONSIDERATION OF MINUTES September 22, 1999 Council Meeting Minutes Mayor Wilharber stated that in New Business: Letter from Mady Reiter it should state "Quad- City" instead of "Tri -City " Council member Broussard Vickers stated that the motion should read "with the issue to be addressed." Motion by Council member Council member Broussard Vickers seconded by Council member Travis to approve the September 22, 1999 Council meeting minutes with corrections.. Motion carried unanimously. V. PAYMENT OF CLAIMS The City of Centerville September 23, through October 13, 1999 Motion by Council member Nelson, seconded by Council member Broussard Vickers to approve the expenditures for the City from September 23 through October 13, 1999. Motion carried unanimously. Centennial Fire District Motion by Council member Nelson, seconded by Council member Broussard Vickers to approve the Centennial Fire District ratification of expenditures. Motion carried unanimously. VI. SET AGENDA Addition to Petition and Complaints Complaint received on event at Kelly's Bar Addition to New Business Tri-City Police Joint Powers Agreement Addition to Committee Reports Firefighters Pension Program Page 2 of 7 Motion by Council member Sweeney, seconded by Council member Broussard Vickers, to apfirove the agenda with additions. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Petition Regarding 1977 South Robin Lane Mr. March updated the Council on his meeting with residents and ACCAP representatives on what could be done with the current problems at the home owned by ACCAP. He stated a way that the City could address this issue would be to have a rental housing ordinance which at the present time the City does not have. Diane Olson, 1983 South Robin Lane, a spokesperson for the neighborhood informed the Council of the problems at 1977 South Robin Lake over the last five years and asked the Council to pass a rental housing ordinance Thierry Chevallier, 1982 South Robin Lane, concurred with Ms. Olson's request. Robert Boychuk, 1971 South Robin Lane also concurred with Ms. Olson and asked that the upkeep of the property be addressed in this ordinance. Motion by Council member Sweeney, seconded by Council member Travis directing staff to prepare a draft rental housing ordinance for Council review at the October 27, 1999 meeting. Motion carried unanimously. Complaint Letter on Kelly's Bar Council discussed the letter from Dan and Mary Capra, 1810 Fox Run regarding the volume of sound coming from Kelly's Bar on Saturday, October 9' Council determined that they would address each complaint individually regarding this issue, but that Council has been conservative in its issuance of noise permits and thinks this particular instance where the noise was heard that far away is very unusual. VIII. UNFINISHED BUSINESS Animal Ordinan Council reviewed the latest draft of the Animal Ordinance. There were some minor changes. Mr. March informed the Council that this ordinance could be published as a summary if Council approved the summary by a four -fifths vote. Page 3 of 7 Council directed staff to incorporate these changes and any changes from the Police Chief and City Attorney, prepare the summary for approval and bring back to the Council at the October 27"' meeting. - Refuse Contract Council discussed the revised refuse contract with Waste Management. Mr. Bruce Malec, Division Manager for Waste Management was present to answer questions from the Council. Council member Broussard Vickers addressed date changes in the contract and Mr. Malec stated that he will make the changes. Mayor Wilharber addressed a letter from Ole Mersinger, 6936 Tourville Circle and asked Mr. Malec to resolve this billing issue. Motion by Council member Travis, seconded by Council member Nelson adopting Resolution No. 99 -14, APPROVAL OF AGREEMENT BETWEEN THE CITY OF CENTERVILLE AND WASTE MANAGEMENT. Motion carried unanimously. 20t Avenue Sewer/Water Update City Engineer Tom Peterson provided an update on the sanitary sewer and water main rerouting at 20 Avenue. IX. NEW BUSINESS City Wide Bonfire Council discussed the Community Wide Bonfire at Acorn Creek Park and the request to waive the burning permit fee of $30 for this event. Council member Sweeney inquired about the material to be burned. Mr. March stated that he would check with the supplier and that if processed material was going to be used another supplier would be obtained. Motion by Council member Nelson, seconded by Council member Travis, to waive the burning permit fee of $30 for the Community Wide Bonfire at Acorn Creek Park on October 23, 1999. Motion carried unanimously. Page 4 of 7 Distribution of Funds from Advertising in Le Journal Council addressed the issue of the EDC retaining $25 per ad from advertisements placed in the quarterly newsletter. Council determined that the matter should be referred back to the EDC to determine what involvement EDC had in the soliciting of the advertisements for the newsletter. Motion by Council member Sweeney, seconded by Councilmember Broussard Vickers to send this issue back to EDC and to find out what their thoughts were on this issue. Motion carried unanimously. Peltier Lake Flowage Mr. March explained the issues involved in St. Paul Water Utility's selling of two parcels of surplus property. Council asked that this matter be given to the Park and Recreation Committee to see if this is a piece of land they would like to acquire. Motion by Council member Sweeney, seconded by Council member Travis, to refer this issue to Park and Recreation for their comments. Motion carried unanimously. CSO Ordinance Council discussed the CSO Ordinance. Motion by Council member Travis, seconded by Council member Nelson, to adopt Ordinance No. 27, AN ORDINANCE PROVIDING COMMUNITY SERVICE OFFICERS /CRIME PREVENTION OFFICERS WITH THE POWER TO ISSUE CITATIONS. Motion carried unanimously. Tax Increase Resolution Mr. March informed the Council that a law was passed that requires Cities to pass a resolution and file the resolution with Anoka County if the City intends to levy an amount higher than the amount the previous year. Motion by Council member Sweeney, seconded by Council member Nelson, adopting Resolution No. 99 -13, RESOLUTION APPROVING THE TAX RATE INCREASE. Motion carried unanimously. Page 5 of 7 Tri-Citv Police Joint Powers Agreement Mayor Wilharber stated that the Tri-City Police Joint Powers Agreement is close to being agreed upon. He asked that Council, City Attorney, and staff review the agreement before the next Council meeting to see if there are any issues that need to be addressed. He also reported that if this agreement passes and becomes effective in January 2000 two citizens at -large will be needed as commissioners. He stated that an article should be placed in the newsletter asking for applicants for this position in anticipation of the agreement being reached. There will be a council liasion in addition to the two citizen at large. Fire Department Relief Association Mayor Wilharber provided information regarding the Fire Department Relief Association's investments. He informed Council that the Fire Steering Committee will be recommending the increase of the firefighters retirement from $3,000 to $3,500 per year. He also informed Council of the status of the Circle Pines Station and that the Open House will be held in the near future. X. CONSENT AGENDA Appointment of Betsy Scheller and Michelle Moser to the Economic Development Committee. Holiday Party - Council approved the expenditure of $350.00 to pay for staff dinners at DeCoys Restaurant and the approval of a budget not to exceed $500.00 for the Holiday Party /Awards Presentation. Motion by Council member Travis, seconded by Council member Nelson, to approve the Consent Agenda. Motion unanimously approved. XI. COMMITTEE REPORTS XII. ADMINISTRATORS REPORT Mr. March requested that Council set a workshop date to discuss the following: 1. Public Works appraisal, new Public Works building and issues that are involved in this such as revising the preliminary budget, and a feasibility report for a possible water extension into the downtown area. Page 6 of 7 A workshop has been scheduled for Tuesday, October 26, 1999 at 6:00 p.m. • XII. ADJOURNMENT Motion by Council member Travis, seconded by Council member Sweeney, to mourn the October 13, 1999 Council Meeting at 8:15 p.m. Motion carried unanimously. Respectfully submitted, l& Diane Ward City Clerk Page 7 of 7 OCTOBER 18, 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 OCTOBER EXPENSES AND PAYROLL. YOUR APPROVAL OF OCTOBER EXPENSES AS LISTED ON THE ATTACHED COPY OF THE CHECK REGISTER, CHECKS #10935 - 10970, IN THE AMOUNT OF $13,666.68 IS HEREBY REQUESTED. YOUR APPROVAL OF OCTOBER PAYROLL AS LISTED ON THE ATTACHED COPY OF THE CHECK REGISTER, CHECK #12351, IN THE AMOUNT OF $354.93, IS HEREBY REQUESTED. MB/NW CC: 7 CIRCLE PINES CITY COUNCIL 7 CENTERVILLE CITY COUNCIL 7 LINO LAKES CITY COUNCIL 2 FILE 10/18/1999 @03:15PM CENTENNIAL FIRE DISTRICT PAGE 1 BANK CHECK REGISTER Checking account 10/08/99 TO 10/18/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 35 10/08/99 AP -D LINO LAKES STATE BANK 3,009.78 941 SEPT 99 10936 10/08/99 AP -D MINNESOTA DEPT OF REVENUE 1,299.71 MW -5 SEPT 99 10937 10/11/99 AP -D MILO BENNETT 200.00 710 /TRAVEL /CONF /SCHOOL 10938 10/18/99 AP -D SEDGWICK 497.00 18517 10939 10/18/99 RP -D FOOD -N -FUEL, INC. 10.00 10019 10940 10/18/99 AP -D J. BECHER ELEC CONTRACTING 1,856.73 1722 10941 10/18/99 RP -D VIKING OFFICE PRODUCTS 375.07 433324,441270,430768 10942 10/18/99 AP -D METRO CHIEF OFFICERS ASSOCIATN 90.00 2000 ANNUAL DUES 10943 10/18/99 RP -D POSTMASTER 99.00 POSTAGE 10944 10/18/99 AP -D EDDY BROTHERS CO 240.00 1599 10945 10/18/99 AP -D SENTRY SYSTEMS INC 258.90 211400 10946 10/18/99 AP -D MINNEGASCO 96.62 583- 001 - 881 -700 10947 10/18/99 AP -D TOM THUMB 44.58 197 - 990901 - 511322 10948 10/18/99 AP -D JANET HAAPOJA 50.00 STEERING COMMITTEE MTG 10949 10/18/99 RP -D DALE HAAPOJA 125.20 REPAIR U -22 VAN 10950 10/18/99 AP -D BATTERIES PLUS 69.40 D -81795 10951 10/18/99 AP -D FRATTALLONE'S HARDWARE STORES 138.40 ACCT 811 571 10/18/1999 003:I5PM CENTENNIAL FIRE DISTRICT PAGE 2 BANK CHECK REGISTER Checking account 10/08/99 TO 10/18/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT J52 10/18/99 AP -D UNITY HOSPITAL 434.85 PATIENT #2584279 SHIKOWSKY 10953 10/18/99 AP -D NORTHERN STATES POWER COMPANY 512.21 1589 -648- 494 -278 10954 10/18/99 AP -D EMERGENCY APPARATUS MAINT. 614.40 2663 10955 10/18/99 AP -D ZEP MANUFACTURING COMPANY 111.44 57790668 10956 10/18/99 AP -D MILO BENNETT 158.30 EXPENSES 10957 10/18/99 AP -D RICK BANGERT 49.97 EXPENSES 10958 10/18/99 AP -D NATIONAL CAMERA EXCHANGE 113.05 0917905CZLS,0924905DJTN 10959 10/18/99 AP -D PEHL, HINSCHBERGER ASSDCIATES 280.00 31975 " 10/18/99 AP -D AIRTDUCH CELLULAR /BELLEVUE 176.59 1003 - 4396417 10961 10/18/99 AP -D AIRTOUCH CELLULAR /BELLEVUE 23.67 1003 - 1052011 10962 10/18/99 AP -D AVCAM 30.00 SEMINAR -KATHY MISCHKE 10963 10/18/99 AP -D US WEST COMMUNICATIONS 92.05 612 E08 -0790 032 10964 10/18/99 AP -D US WEST COMMUNICATIONS 107.29 612 E08 -0791 033 10965 10/18/99 AP -D US WEST COMMUNICATIONS 91.89 612 E08- 6367 268 10966 10/18/99 AP -D US WEST COMMUNICATIONS 5.59 651 784 - 7472 352 10967 10/18/99 AP -D US WEST COMMUNICATIONS 125.11 612 784 - 7530 324 10968 10/18/99 AP -D VISIONARY SYSTEMS, LTD. 560.00 SOFTWARE SUPPORT CONTRACT 10/18/1999 003:15PM CENTENNIAL FIRE DISTRICT PAGE 3 BANK CHECK REGISTER Checking account 10/08/99 TO 10/18/99 CHECK NO DATE TYPE PAID TO / DESCRIPTION CHECK AMOUNT 69 10/18/99 AP -D OXYGEN SERVICE COMPANY, INC. 82.00 154814,154813 10970 10/18/99 AP -D C.G. OFFICE PRODUCTS 1,637.88 4579, 4684, 4687, 4626 TOTAL MANUAL CHECKS (M): 0.00 TOTAL COMPUTER CHECKS (C): 0.00 TOTAL DIRECT DISBURSEMENTS (0): 13,666.68 TOTAL CHECKS: 13,666.68 Oct 18, 1999 2:16 PM CENTENNIAL FIRE DISTRICT Page 1 PAYROLL COMPUTER CHECK REGISTER CHECK* EMP NUM EMPLOYEE NAME DEPT SOC- SEC -MMI CHECKBOOK /ACCT GROSS PAY DEDi1CTIONS NET PRY 10 351 2360 MISCHKE, KATHY FIR 470 -86 -7273 391.00 36.07 354.93 TOTALS 4391.00 436.07 4354.93 PAYROLL SUMMARY FICA Social Security FICA Medicare Federal Tax Withheld Withheld El to er Owed Withheld E� to er• Owed P Y p y Advanced EIC Payients Made $1.15 $24.24 $24.24 $5.67 $5.67 $.00 TOTAL TAX LIABILITY $60.97 eU CITY OF CENTERVILLE COUNTY OFANOKA e STATE OF MINNESOTA ORDINANCE #24 AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENSING AND CARE RELATING TO ANIMAL CONTROL; AND REPEALING ORDINANCE NO. 24-A and NO. 244 RELATING TO THE SAME SUBJECT. The City Council of the City of Centerville ordains: 24.01 Definitions. As used in this Ordinance, unless the context otherwise indicates, the following words shall be defined to mean: Subd. 1 Animal. "Animal" shall mean any mammal, reptile, amphibian, fish, arachnid, birds (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. Animals shall be classified as follows: A. Domestic. "Domestic Animals" shall mean those animals commonly accepted as domesticated household pets. Unless otherwise defined. such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, white mice and rats,ferrets, domesticated rabbits, fish, non - poisonous, non - venomous and non - constricting reptiles or amphibians, and other similar animals. B. Non- Domestic. "Non- Domestic Animals" shall mean those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. 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. Page 1 of 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 (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, or squirrel, 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 and mules), bovine family (cows and bulls), sheep, poultry (chickens and turkeys), fowl (ducks and geese), swine (including Vietnamese pot- bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. Subd. 2 Cat. "Cat" shall be intended to mean both the male and female of the felidae species commonly accepted as domesticated household pets. Subd. 3 Dog. "Dog" shall be intended to mean both the male and female of the canine species, commonly accepted as domesticated household pets. 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, (an individual capable of controlling the animal as needed) 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 Statute Section 347.50, and or any successor Statute. Subd. 6 Potentially Dangerous. "Potentially Dangerous" shall mean any animal which meets the definition of potentially dangerous dog set forth in Minnesota Statue Section 347.50, and or any successor statute. Subd. 7 Enclosure. Any structure, except a dwelling, designed to securely enclose and prevent Page 2 of 16 Ci of Centerville Animal Ordinance #24 - Updated 10/27/99 an animal from escaping therefrom, and/or designed to provide the animal with shelter and protection from the weather. 1 Subd. 8 Kennel - Commercial. Any structure or premises on which five (5) or more domestic animals 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 domestic animal(s) confined therein. Subd. 9 Kennel - Private. Any structure or premises on which four (4) or less domestic XGI animals 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 running at Large or escape of the domestic animal 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. Subd. 11 Animal Control Officer. A person employed by or under contract with the City or a licensed peace officer who is responsible for animal control enforcement. 24.02 Restrictions. Subd. 1 Running at Large Prohibited. It shall be unlawful for the domestic animal of any person who owns, harbors, or keeps a domestic animal to run at large. Dogs or cats must be on a leash accompanied by an individual capable of controlling the animal as needed. Subject to the above restrictions, dogs and cats shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited." Subd. 2 License Required. li All dogs, cats and ferrets 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 City Staff upon payment of the license fee. The license fee will be established by Council resolution or separate Ordinance. Such license shall be renewed every two years for the life of the animal provided that the owner shows proof every two years that the animal has shots within 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 animal owned or kept by him or her. No license shall be granted for an animal Page 3 of 16 City of Centerville Animal Ordinance #24 - Updated 10 /27/99 which has not been vaccinated against distemper and rabies, as provided in this Ordinance. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which animal is vaccinated. A veterinarian who vaccinates an animal to be licensed in the City shall complete a certificate of vaccination. One copy shall be issued to the animal owner for affixing to the license application. (2) Upon payment of the license fee, City Staff shall issue to the owner a license certificate and metallic tag for each animal 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 worn. In case an animal tag is lost or destroyed, a duplicate shall be issued by the City. A charge shall be made for each duplicate tag. Animal tags shall not be transferable from one animal to another and no refunds shall be made on any animal license fee or tag because of death of an animal or the owner's leaving the City before the expiration of the license period. (3) The licensing provisions of this Subdivision shall not apply to animals whose owners are non - residents temporarily within the City, nor to animals brought into the City for the purpose of participating in any animal show, nor shall this provision apply to animals specifically trained for and actually providing assistance to the physically challenged. (4) Address Change. An applicant who has obtained a license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. (5) Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog, cat and ferret in the City. Subd. 3 Pigeons. No person shall keep four (4) or more pigeons on a premises, 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 City Staff on such forms as the City Staff may provide. The application shall be investigated by Page 4 of 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 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, any violations during the previous license period, if applicable. The Council may also impose such conditions as it deems necessary and appropriate to carry out the intent of this ordinance. (3) In addition to such information required by the City, 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, said structure/loft will comply with City zoning requirements, 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 within 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 occupants of adjacent property. 24.03 Rabies Control. Subd. 1 The Minnesota health laws and regulations are hereby adopted in cases of animals which have bitten persons and the animal is rabid or is suspected of being rabid. Page 5 of 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 Subd. 2 It shall be the duty of the owner of any animal to immediately, but in all cases no later than twenty-four (24) hours, report to the Police Department all bites inflicted by the owner's animal to any person. The owner of such animal shall also be required to provide the police written proof of vaccination and pertinent information when warranted or requested by the Police Department. Subd. 3 The Police are hereby authorized to take into possession any animal suspected of having rabies following a bite inflicted to any person. Subd. 4 Muzzling. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Police Department/City Council shall issue a proclamation ordering every person owning or keeping a dog, cat or ferret to confine it securely on its premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any domestic animal running at large during the time fixed in the proclamation may be destroyed by the police without notice to the owner. Subd. 5 Whenever an animal has bitten a person or whenever a suspected or known rabid is picked up by an animal control officer or police officer, such animal may be confined for a minimum period of ten (10) days as follows: (1) Upon proof of current rabies vaccination, the animal control officer or 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 or 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. Page 6 of 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 (5) A quarantined animal shall be confined to an enclosure in such a matter so as to prevent the animal from escaping. All openings to the enclosure shall be locked with a secure locking device, and the animal shall not be removed from the enclosure unless muzzled and on a leash not exceeding six (6) feet in length, and under the control of a competent person. (6) An animal control officer and/or police officer may enter upon the private property of another for the purpose of removing such quarantined animal to an animal shelter when it has been determined that such quarantined animal has not been maintained by the owner in a manner consistent with the provisions of this Section. 24. 04 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. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the physically challenged and for those animals brought into the City for educational purposes, as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 24.05 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 education, an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 24.06 Impounding. Subd. 1 Running at Large. Any animal running at large is hereby declared a public nuisance. Any police officer may impound any animal found unlicenced or any animal found running at large and shall give notice of the impounding to the owner of such animal, if known. Subd. 2 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 to a maximum of seven days, unless reclaimed sooner by its owner or keeper as provided by this Ordinance. If the animal is a dangerous animal as defined under § 24.01, Subd. 5, it may be impounded for a period of time including the time required to complete an appeal process. The owner of an animal is required to pay the entire costs of confinement of any animal. 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 performance of the following: Page7 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 (1) Payment of a release fee and receipt of a release permit from the police; and (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 an animal is unlicenced, payment of a regular license fee and valid certificate of vaccination for rabies and distemper shots is required; and (4) Said fee shall be set by City Council and reviewed periodically and kept on record with the City. Subd. 3 Permissible Return of Unrestrained Dog. Not withstanding the provisions of Section 24.06, Subd.1, 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. . Subd. 4 Unclaimed Animals. At the expiration of the times established, if the animal has not been reclaimed in accordance with the provisions of this Ordinance, the officer appointed to enforce this ordinance may let any person claim the animal by complying with all provisions in this Ordinance, or the officer may sell the animal, with all funds paid to the City of Centerville, or cause the animal to be destroyed in a proper and humane manner and shall properly dispose of the remains thereof. Any money collected under this Ordinance shall be payable to the City of Centerville. /!t G� 7 24.07 Kennels. " Subd 1. A kennel license is required in addition to individual licenses. The City Council shall issue a kennel license upon the following conditions: co rolla (1) Payment of an annual kennel license fee which shall expire on December 31 of each year and must be renewed annually. (2) Kennels and the premises used therefore shall be kept in a clean, quiet, orderly and sanitary condition, so at not to constitute a nuisance. In determining whether a nuisance exists, consideration shall be given to the kennels location, location of other residents, and the general character of the neighborhood. All such dogs in excess of two shall be at all times confined in a building ( ) g g or enclosure by a leash or otherwise under control. (4) A commercial kennel must be in compliance with the City Zoning Code. Page 8 of 16 • City of Centerville Animal Ordinance #24 - Updated 10/27/99 24.08 Nuisances. Subd. 1 Habitual Barking. It shall be unlawful for any person to keep or harbor an animal 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 Chasing of pedestrian /moving vehicles. To chase vehicles or to molest or annoy any person while away from the property of its owner. Subd. 3 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 such animal may be impounded as provided in this Ordinance or a complaint may be issued by anyone aggrieved by an animal under this ordinance, against the owner of the animal for prosecution under this Ordinance. Subd. 4 Cleaning up litter/Feces Disposal. The owner 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 30 all feces material shall be removed from 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 within 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. 5 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. Immediate removal of feces is required per this Ordinance. Subd. 6 The provisions of this Section, shall not apply to any animal specifically trained for and actually providing assistance to the physically challenged or other individuals with severe disabilities who are unable to clean up after a companion dog; dogs when used in police activities Page 9 of 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 by the City; or tracking dogs when used by or with permission of the City. Subd. 7 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 City Council, 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. 8 Other. Any animals kept contrary to this Section are subject to impoundment as provided in this Ordinance. 24.09 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 habitual barking/crying criteria; criteria for inhumane treatment; or the criteria for an at large animal as set forth herein. (3) The officer can demonstrate that there has been at Least one previous complaint of habitual barking; inhuunane treatment; or that the animal was at large 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 animal is not possible. 24.10 Humane 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 Page 10 of 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 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 permit an animal fight. Any person not treating their pet in such humane manner will be subject to the penalties provided in this Ordinance. 24.11 Domestic Animal Shelters. A person in charge or control of any domestic anneal which is kept outdoors or in an unheated enclosure shall provide the domestic animal 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 domestic animal and allow retention of the body heat. (2) Shade from the direct rays of the sun, during the months of June to September shall be provided. (3) A domestic animal 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 the city, township. county or state. 24.12 Guard Dog Warning Signs. A person maintaining a dog for security purposes within the City shall post a sign at all entrances to the property. Said sign shall be a minimum of 6" x 12 ", with letters of contrasting color, a minimum of 2" in height, and a brush stroke of minimum, with the following words affixed to such sign, "DANGER - GUARD DOG ". 24.13 Abandoned Animals. Upon written notice of the Chief of Police that private property is attracting or providing shelter to animals that are not owned or cared for by any known person, the owner of such property shall be responsible for removing such animals in a humane manner within thirty (30) days of such a written notice. 24.14 Animals Presenting a Danger to Health and Safety of City. If, in the reasonable belief of a 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 officer may apprehend the animal and deliver it to the pound for confinement. If the animal is destroyed, a charge 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 the provisions of this Page 11 of 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 Ordinance. 24.15 Diseased Animals. Subd. 1 Keeping of Diseased Animal. 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 a 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 euthanized and shall properly dispose of the remains. Reasonable efforts will be made to notify. the owner or keeper of the animal prior to the euthanasia. The owner will be liable to 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. 24.16 Designation as Dangerous or Potentially Dangerous Animal. The animal control officer shall designate any animal as a dangerous or potentially dangerous animal upon receiving such evidence that meets the definition as stated in this Ordinance. When an animal is declared dangerous or potentially dangerous the animal control officer shall cause one (1) owner of the potentially dangerous or dangerous animal to be notified in writing that such animal is potentially dangerous or dangerous. Subd. 1 Authority to order destruction. The animal control officer, upon finding that an animal is dangerous or potentially dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on written order from City Council. Subd. 2 Procedure. The animal control officer, after having determined that an animal is dangerous or potentially 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 or potentially dangerous and may order the animal seized or make such orders as deemed proper. (2) 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 Page 12 of 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 (14) days prior to the hearing. The notice shall state that the owner may be represented by legal counsel during such hearing and may provide oral and written testimony. The Council shall maintain an electronic record of the hearing. (3) 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. (4) If no appeal is filed, the orders issued will stand and the animal control officer may order the animal destroyed. (5) No person shall harbor an animal after it has been found by to be dangerous and ordered into custody for destruction. 24.17 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. 24.18 Dangerous Animal or Potentially Dangerous Animal Requirements. If the City Council does not order the destruction of animal that has been declared dangerous or potentially 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 or potentially dangerous animal as specified below. A. 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. Page 13 of 16 Cat& of Centerville Animal Ordinance #24 - Updated 10 /27/99 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: (1) Have a minimum overall floor size of thirty -two (32) square feet. (2) Sidewalls shall have a minimum height of five (5) feet and be constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one - and - one - quarter -inch or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen (18) inches in the ground. (3) A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. (4) An entrance /exit gate shall be provided and be constructed of the same material as the sidewalk and shall also have no openings in the wire greater than two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. B. Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property. C. Provide and show proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00); D. If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash not to exceed six (6) feet in feet in length, and be in 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; Page 14 of 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 E. 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; F. Provides and shows proof of microchip identification as required in the Minnesota Statues. Subd. 1 Seizure. Animal control shall immediately seize any dangerous animal if the owner does not meet any such conditions imposed by order of the City Council within fourteen (14) days after the date notice is sent to the owner. Seizure may be appealed to district court by serving a summons and petition upon the City and filing it with the district court. 24.19 Reclaiming animals. A dangerous or potentially dangerous animal seized under this Ordinance, may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that all requirements set forth by City Council order are fulfilled. An animal not reclaimed under this section within fourteen (14) days may be destroyed with, the owner liable to animal control for costs incurred. 24.20 Summary Destruction. Whenever an animal control officer or police officer determines that any animal presents an immediate threat to the safety of any person, after making reasonable attempt to impound such animal, said officer is hereby authorized to destroy such animal in the interests of public safety. 24.21 Enforcing Officer. The Council is hereby authorized to appoint an animal control officer(s) to enforce the provisions of this Ordinance. In the officer's duty of enforcing the provisions of this Ordinance, 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. 24.22 Interference with Officers. No person shall in any manner molest, hinder, or interfere w ith any person authorized by the Council to capture dogs, cats or other animals and convey them to the pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in compliance with this Ordinance, or in any other manner to interfere with or hinder such officer in the discharge of his or her duties under this Ordinance. 24.23 Existing Permits. Animal owners that have "life time" permits for their animal are "grand Page 15 of 16 City of Centerville Animal Ordinance #24 - Updated 10/27/99 fathered in" as part of this ordinance as long as the the owner shows proof every two years that the animal has shots within that period and provided the address of the owner remains the same. If the owner does not provide the vaccination record every two years, they will no longer be considered "grand fathered in" as part of this ordinance and will be required to obtain an animal license every two years with the fee set by Council. 24.24 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. 24.25 Repealer. On the effective date hereof, Centerville Ordinance Number 24-A dated September 25, 1985 and Ordinance Number 24 -B dated December 23, 1985 is repealed. 24.26 Effective Date. This Ordinance shall take effect and be enforced from and after its passage as provided by law. Passed by the City Council this _ day of , 2000. APPROVED: Mayor TomWilharber ATTEST: Diane Ward, City Clerk Page 16 of 16 1 Memorandum - To: Honorable Mayor and Council From: Diane Ward, City Clerk Date: 10/22/99 Subject: Ordinance #24 — Animal Ordinance DISCUSSION: Attached is the revised Animal Ordinance. The changes from the Council, Police Chief, and City Attorney have been incorporated. At the October 13 meeting Council directed staff to prepare a "Title and Summary" for their review and approval (see attached resolution) which will be used to publish the Animal Ordinance instead of publishing the entire 16 page ordinance. As part of that meeting there was a discussion regarding "existing permits" therefore I have included a section on existing permits for your review. ACTION REQUIRED: If Council wishes to adopt the attached Animal Ordinance they should pass a motion adopting Ordinance No. 24, An Ordinance Prescribing Regulations For Confinement, Licensing And Care Relating To Animal Control; And Repealing Ordinances Nos. 24-A And 24 -B Relating To The Same Subject and pass a motion adopting Resolution No. 99-15, Approving Title And Summary Of Ordinance No. 24 An Ordinance Prescribing Regulations For Confinement, Licensing And Care Relating To Animal Control; And Repealing Ordinances Nos. 24-A And 24-B Relating To The Same Subject. This resolution must be adopted by a four -fifths vote. i✓ i CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE #24 AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENSING AND CARE RELATING TO ANIMAL CONTROL; AND REPEALING ORDINANCE NO. 24-A and NO. 24-B RELATING TO THE SAME SUBJECT. The City Council of the City of Centerville ordains: 24.01 Definitions. As used in this Ordinance, unless the context otherwise indicates, the following words shall be defined to mean: Subd. 1 AnimaL "Animal" shall mean any mammal, reptile, amphibian, fish, arachnid, birds (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. Animals shall be classified as follows: A. Domestic. "Domestic Animals" shall mean those animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, white mice and rats,ferrets, domesticated rabbits, fish, non - poisonous, non - venomous and non - constricting reptiles or amphibians, and other similar animals. B. Non - Domestic. "Non- Domestic Animals" shall mean those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. 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. Page 1 of 16 City of Centerville Animal Ordinance #24 - Updated 10 /22/99 (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, or squirrel, 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 and mules), bovine family (cows and bulls), sheep, poultry (chickens and turkeys), fowl (ducks and geese), swine (including Vietnamese pot- bellied pigs), goats, bees, and other animals associated with a farm, ranch, or stable. Subd. 2 Cat. "Cat" shall be intended to mean both the male and female of the felidae species commonly accepted as domesticated household pets. Subd. 3 Dog. "Dog" shall be intended to mean both the male and female of the canine species, commonly accepted as domesticated household pets. 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, (an individual capable of controlling the animal as needed) 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 Statute Section 347.50, and or any successor Statute. Subd. 6 Potentially Dangerous. "Potentially Dangerous" shall mean any animal which meets the definition of potentially dangerous dog set forth in Minnesota Statue Section 347.50, and or any successor statute. Subd. 7 Enclosure. Any structure, except a dwelling, designed to securely enclose and prevent Page 2 of 16 City of Centerville Animal Ordinance #24 - Updated 10 /22/99 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 five (5) or more domestic animals 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 domestic animal(s) confined therein. Subd. 9 Kennel - Private. Any structure or premises on which four (4) or less domestic animals 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 running at large or escape of the domestic animal 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. Subd. 11 Animal Control Officer. A person employed by or under contract with the City or a licensed peace officer who is responsible for animal control enforcement. 24.02 Restrictions. Subd. 1 Running at Large Prohibited. It shall be unlawful for the domestic animal of any person who owns, harbors, or keeps a domestic animal to run at large. Dogs or cats must be on a leash accompanied by an individual capable of controlling the animal as needed. Subject to the above restrictions, dogs and cats shall be permitted in streets or on public land unless the City has posted an area with signs reading "Dogs or Cats Prohibited." Subd. 2 License Required. (1) All dogs, cats and ferrets 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 City Staff upon payment of the license fee. The license fee will be established by Council resolution or separate Ordinance. Such license shall be renewed every two years for the life of the animal provided that the owner shows proof every two years that the animal has shots within 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 animal owned or kept by him or her. No license shall be granted for an animal Page 3 of 16 City of Centerville Animal Ordinance #24 - Updated 10/22/99 which has not been vaccinated against distemper and rabies, as provided in this Ordinance. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which animal is vaccinated. A veterinarian who vaccinates an animal to be licensed in the City shall complete a certificate of vaccination. One copy shall be issued to the animal owner for affixing to the license application. (2) Upon payment of the license fee, City Staff shall issue to the owner a license certificate and metallic tag for each animal 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 wom. In case an animal tag is lost or destroyed, a duplicate shall be issued by the City. A charge shall be made for each duplicate tag. Animal tags shall not be transferable from one animal to another and no refunds shall be made on any animal license fee or tag because of death of an animal or the owner's leaving the City before the expiration of the license period. (3) The licensing provisions of this Subdivision shall not apply to animals whose owners are non - residents temporarily within the City, nor to animals brought into the City for the purpose of participating in any animal show, nor shall this provision apply to animals specifically trained for and actually providing assistance to the physically handicapped. (4) Address Change. An applicant who has obtained a license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. (5) Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog, cat and ferret in the City. Subd. 3 Pigeons. No person shall keep four (4) or more pigeons on a premises, 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 City Staff on such forms as the City Staff may provide. The application shall be investigated by Page 4 of 16 City of Centerville Animal Ordinance #24 - Updated 10/22/99 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, any violations during the previous license period, if applicable. The Council may also impose such conditions as it deems necessary and appropriate to carry dur' out the intent of this ordinance. (3) In addition to such information required by the City, 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, said structure/loft will comply with City zoning requirements, 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 within 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 occupants of adjacent property. 24.03 Rabies Control. Subd. 1 The Minnesota health laws and regulations are hereby adopted in cases of animals which have bitten persons and the animal is rabid or is suspected of being rabid. Page 5 of 16 City of Centerville Animal Ordinance #24 -Updated 10/22/99 Subd. 2 It shall be the duty of the owner of any animal to immediately, but in all cases no later than twenty -four (24) hours, report to the Police Department all bites inflicted by the owner's r owner of such animal shall also be required to provide the animal to any person. The own req p po lice written proof of vaccination and pertinent information when warranted or requested by the Police Department. Subd. 3 The Police are hereby authorized to take into possession any animal suspected of having rabies following a bite inflicted to any person. Subd. 4 Muzzling. Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Police Department/City Council shall issue a proclamation ordering every person owning or keeping a dog, cat or ferret to confine it securely on its premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation, and any domestic animal running at large during the time fixed in the proclamation may be destroyed by the police without notice to the owner. Subd. 5 Whenever an animal has bitten a person or whenever a suspected or known rabid is picked up by an animal control officer or police officer, such animal may be confined for a minimum period of ten (10) days as follows: (1) Upon proof of current rabies vaccination, the animal control officer or 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 or the police. The owner shall farther be responsible for immediately reporting any change in the animals health or behavior to the appropriate animal control officer during the confinement period. Page 6 of 16 City of Centerville Animal Ordinance #24 - Updated 10/22/99 (5) A quarantined animal shall be confined to an enclosure in such a matter so as to prevent the animal from escaping. All openings to the enclosure shall be locked with a secure locking device, and the animal shall not be removed from the enclosure unless muzzled and on a leash not exceeding six (6) feet in length, and under the control of a competent person. An animal control officer and/or police officer may enter upon the private (6 ) Po Y P P property of another for the purpose of removing such quarantined animal to an animal shelter when it has been determined that such quarantined animal has not been maintained by the owner in a manner consistent with the provisions of this Section. 24.04 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. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the physically handicapped and for those animals brought into the City for educational purposes, as part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 24.05 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 education, an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition. 24.06 Impounding. Subd. 1 Running at Large. Any animal running at large is hereby declared a public nuisance. Any police officer may impound any animal found unlicenced or any animal found running at large and shall give notice of the impounding to the owner of such animal, if known. Subd. 2 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 reclaimed sooner by its owner or keeper as provided by this Ordinance. If the animal is a dangerous animal as defined under § 24.01, Subd. 5, it shall be kept for seven regular business days. If it is determined that an animal has been cruelly- treated prior to being conveyed, it shall be kept for ten regular business days, unless reclaimed by its owner or keeper as provided by this Ordinance. 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. Subject to the number of days P Subject referenced above, any animal may be redeemed from the pound by the owner upon performance of the following: Page7of 16 City of Centerville Animal Ordinance #24 - Updated 10/22/99 (1) Payment of a release fee and receipt of a release permit from the police; and (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 an animal is unlicenced, payment of a regular license fee and valid certificate of vaccination for rabies and distemper shots is required; and (4) Proof of rabies vaccination presented; and (5) Said fee shall be set by City Council and reviewed periodically and kept on record with the City. Subd. 3 Permissible Return of Unrestrained Dog. Not withstanding the provisions of - Section 24.06, Subd.1, 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. Subd. 4 Unclaimed Animals. At the expiration of the times established, if the animal has not been reclaimed in accordance with the provisions of this Ordinance, the officer appointed to enforce this ordinance may let any person claim the animal by complying with all provisions in this Ordinance, or the officer may sell the animal, with all funds paid to the City of Centerville, or cause the animal to be destroyed in a proper and humane manner and shall properly dispose of the remains thereof. Any money collected under this Ordinance shall be payable to the City of Centerville. 24.07 Kennels. Subd 1. A kennel license is required in addition to individual licenses. The City Council shall issue a kennel license upon the following conditions: (1) Payment of an annual kennel license fee which shall expire on December 31 of each year and must be renewed annually. (2) Kennels and the premises used therefore shall be kept in a clean, quiet, orderly and sanitary condition, so at not to constitute a nuisance. In determining whether a nuisance exists, consideration shall be given to the kennels location, location of other residents, and the general character of the neighborhood. (3) All such dogs in excess of two shall be at all times confined in a building or Page 8 of 16 City of Centerville Animal Ordinance #24 - Updated 10/22/99 enclosure by a leash or otherwise under control. (4) A commercial kennel must be in compliance with the City Zoning Code. 24.08 Nuisances. Subd. 1 Habitual Barking. It shall be unlawful for any person to keep or harbor an animal 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 Chasing of pedestrian /moving vehicles. To chase vehicles or to molest or annoy any person while away from the property of its owner. Subd. 3 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 such animal may be impounded as provided in this Ordinance or a complaint may be issued by anyone aggrieved by an animal under this ordinance, against the owner of the animal for prosecution under this Ordinance. Subd. 4 Cleaning up litter/Feces DisposaL The owner 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 30 all feces material shall be removed from the owner's premises and for 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 within 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. 5 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. Immediate removal of feces is required per this Ordinance. Page 9 of 16 City of Centerville Animal Ordinance #24 - Updated 10/22/99 Subd. 6 The provisions of this Section, shall not apply to any animal specifically trained for and actually providing assistance to the physically handicapped or other individuals with severe disabilities who are unable to clean up after a companion dog; dogs when used in police activities by the City; or tracking dogs when used by or with permission of the City. Subd. 7 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 City Council, 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. 8 Other. Any animals kept contrary to this Section are subject to impoundment as provided in this Ordinance. 24.09 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 habitual barking/crying criteria; criteria for inhumane treatment; or the criteria for an at large animal as set forth herein. (3) The officer can demonstrate that there has been at least one previous complaint of habitual barking; inhumane treatment; or that the animal was at large 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 animal is not possible. Page 10 of 16 City of Centerville Animal Ordinance #24 - Updated 10 /22/99 24.10 Humane 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 permit an animal fight. Any person not treating their pet in such humane manner will be subject to the penalties provided in this Ordinance. 24.11 Domestic Animal Shelters. A person in charge or control of any domestic animal which is kept outdoors or in an unheated enclosure shall provide the domestic animal 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 domestic animal and allow retention of the body heat. (2) Shade from the direct rays of the sun, during the months of June to September shall be provided. (3) A domestic animal 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. 24.12 Guard Dog Warning Signs. A person maintaining a dog for security purposes within the City shall post a sign at all entrances to the property. Said sign shall be a minimum of 6" x 12 ", with letters of contrasting color, a minimum of 2" in height, and a brush stroke of 1/4" minimum, with the following words affixed to such sign, "DANGER - GUARD DOG ". 24.13 Abandoned Animals. Upon written notice of the Chief of Police that private property is attracting or providing shelter to animals that are not owned or cared for by any known person, the owner of such property shall be responsible for removing such animals in a humane manner within thirty (30) days of such a written notice. 24.14 Animals Presenting a Danger to Health and Safety of City. If, in the reasonable belief of a 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 officer may apprehend the animal and deliver it to the Page 11 of 16 City of Centerville Animal Ordinance #24 - Updated 10/22/99 pound for confinement. If the animal is destroyed, a charge 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 the provisions of this Ordinance. 24.15 Diseased Animals. Subd. 1 Keeping of Diseased AnimaL 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 a 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 euthanized and shall properly dispose of the remains. Reasonable efforts will be made to notify the owner or keeper of the animal prior to the euthanasia. The owner will be liable to 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. 24.16 Designation as Dangerous or Potentially Dangerous Animal. The animal control officer shall designate any animal as a dangerous or potentially dangerous animal upon receiving such evidence that meets the definition as stated in this Ordinance. When an animal is declared dangerous or potentially dangerous the animal control officer shall cause one (1) owner of the potentially dangerous or dangerous animal to be notified in writing that such animal is potentially dangerous or dangerous. Subd. 1 Authority to order destruction. The animal control officer, upon finding that an animal is dangerous or potentially dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on written order from City Council. Subd. 2 Procedure. The animal control officer, after having determined that an animal is dangerous or potentially 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 or potentially dangerous and may order the animal seized or make such orders as deemed proper. Page 12 of 16 City of Centerville Animal Ordinance #24 - Updated 10/22/99 (2) If the owner of an animal elects to appeal, the appeal civil 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 hearing and may provide oral and written testimony. The Council shall maintain an electronic record of the hearing. (3) 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 chall immediately make the animal available to the animal control officer. (4) If no appeal is filed, the orders issued will stand and the animal control officer may order the animal destroyed. (5) No person shall harbor an animal after it has been found by to be dangerous and ordered into custody for destruction. 24.17 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. 24.18 Dangerous Animal or Potentially Dangerous Animal Requirements. If the City Council does not order the destruction of animal that has been declared dangerous or potentially 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 or potentially dangerous animal as specified below. A. Proper enclosure. Proper enclosure means securely confined indoors or Page 13 of 16 City of Centerville Animal Ordinance #24 - Updated 10/22/99 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: (1) Have a minimum overall floor size of thirty-two (32) square feet. (2) Sidewalk shall have a minimum height of five (5) feet and be constructed of 11 -gauge or heavier wire. Openings in the wire shall not exceed two (2) inches, support posts shall be one -and- one - quarter -inch or larger steel pipe buried in the ground eighteen (18) inches or more. When a concrete floor is not provided, the sidewalls shall be buried a minimum of eighteen (18) inches in the ground. (3) A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two (2) inches. (4) An entrance /exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two (2) inches. The gate shall be equipped with a device capable of being locked and shall be locked at all times when the animal is in the pen or kennel. B. Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children, that there is a dangerous animal on the property. C. Provide and show proof annually of public liability insurance in the minimum amount of three hundred thousand dollars ($300,000.00); D. If the animal is a dog and is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash not to exceed six (6) feet in feet in length, and be in physical restraint of a person sixteen Page 14 of 16 City of Centerville ' Animal Ordinance #24 - Updated 10 /22/99 (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; E. 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; F. Provides and shows proof of microchip identification as required in the Minnesota Statues. Subd. 1 Seizure. Animal control shall immediately seize any dangerous animal if the owner does not meet any such conditions imposed by order of the City Council within fourteen (14) days after the date notice is sent to the owner. Seizure may be appealed to district court by serving a summons and petition upon the City and filing it with the district court. 24.19 Reclaiming animals. A dangerous or potentially dangerous animal seized under this Ordinance, may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presenting proof to animal control that all requirements set forth by City Council order are fulfilled. An animal not reclaimed under this section within fourteen (14) days may be destroyed with, the owner liable to animal control for costs incurred. 24.20 Summary Destruction. Whenever an animal control officer or police officer determines that any animal presents an immediate threat to the safety of any person, after making reasonable attempt to impound such animal, said officer is hereby authorized to destroy such animal in the interests of public safety. 24.21 Enforcing Officer. The Council is hereby authorized to appoint an animal control officer(s) to enforce the provisions of this Ordinance. In the officer's duty of enforcing the provisions of this Ordinance, 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. 24.22 Interference with Officers. No person shall in any manner molest, hinder, or interfere with any person authorized by the Council to capture dogs, cats or other animals and convey them to the pound while engaged in such operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal Page 15 of 16 City of Centerville Animal Ordinance #24 - Updated 10/22/99 taken up by him or her in compliance with this Ordinance, or in any other manner to interfere with or hinder such officer in the discharge of his or her duties under this Ordinance. 24.23 Existing Permits. Animal owners that have "life time" permits for their animal are "grand fathered in" as part of this ordinance as long as the the owner shows proof every two years that the animal has shots within that period and provided the address of the owner remains the same. If the owner does not provide the vaccination record every two years, they will no longer be considered "grand fathered in" as part of this ordinance and will be required to obtain an animal license every two years with the fee set by Council 24.24 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. 24.25 Repealer. On the effective date hereof, Centerville Ordinance Number 24 -A dated September 25, 1985 and Ordinance Number 24 -B dated December 23, 1985 is repealed. 24.26 Effective Date. This Ordinance shall take effect and be enforced from and after its passage as provided by law. Passed by the City Council this _ day of , 2000. • APPROVED: Mayor TomWilharber ATTEST: Diane Ward, City Clerk Page 16 of 16 ^� °tervitte �,., 1880 Matti Street • Centerville, MN 55038 Established 1857 (651) 429 -3232 • fax (651) 429 -8629 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA RESOLUTION NO. 99 -15 APPROVING TITLE AND SUMMARY OF ORDINANCE NO. 24 AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENSING AND CARE RELATING TO ANIMAL CONTROL; AND REPEALING ORDINANCES NOS. 24 -A AND 24 -B RELATING TO THE SAME SUBJECT WHEREAS, the City Council of the City of Centerville has adopted Ordinance No. 24, An Ordinance Prescribing Regulations For Confinement, Licensing And Care Relating To Animal Control; And Repealing Ordinances Nos. 24 -A And 24 -B Relating To The Same Subject; and WHEREAS, the Council by four -fifths of its members, does find that the attached Title and Summary of the ordinance does clearly inform the public of the intent and effect of the ordinance and the form of publication is approved. NOW THEREFORE, BE IT RESOLVED that this action is given as authorized by the Minnesota State Statutes 412.191, Subd. 4. The form that shall be published is stated below: TITLE AND SUMMARY ORDINANCE NO. 24 AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENCING AND CARE RELATING TO ANIMAL CONTROL; AND REPEALING ORDINANCES NOS. 24 -A AND 24 -B RELATING TO THE SAME SUBJECT 1. The ordinance establishes definitions that will be used in the future to describe aspects of the animal control effort in the City. 2. The ordinance establishes restrictions and requirements that will apply to the residents who have animals within the City. 3. The ordinance establishes requirements for rabies control. 4. The ordinance ascertains the prohibition of non - domestic animals and requirements for farm animals within the City. 5. The ordinance defuies impounding and procedures for reclaiming of animals. 6. The ordinance establishes requirements for kennels. 7. The ordinance defines nuisances of animals. 8. The ordinance outlines the seizure of animals. 9. The ordinance outlines the humane treatment of animals and domestic animal shelters. 10. The ordinance establishes requirements for owners of guard dogs. 11. The ordinance addresses abandoned animals, animals presenting a danger to health and safety of the City and diseased animals. 12. The ordinance establishes procedures regarding a dangerous or potentially dangerous animal. 13. The ordinance establishes appointment of enforcing officer. 14. The ordinance addresses interference with enforcement officers. 15. The ordinance repeals Ordinance No. 24-A, dated September 25, 1985 and Ordinance No. 24 -B, dated December 23, 1985. 16. The ordinance addresses existing permits and requirements to maintain existing permits. 17. The ordinance establishes penalties for failure to comply 18. The ordinance will be in effect after publication by title and summary the day after its publication. 19. A complete copy of the ordinance is available for public view at City Hall during regular business hours. Adopted by the City Council of the City of Centerville this 27 day of October, 1999. Tom Wilharber, Mayor ATTEST: Diane Ward, CMC City Clerk MEMO DATE : October 22, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Rental Housing Ordinance Included in your packets is a rough, rough draft of a rental housing ordinance. I expect that a revised ordinance will be produced and distributed to Council even prior to our meeting. This last week has been very busy. Please review the overall concept of this ordinance, but do not get hung up with some of the language because I know there are items yet to revise. I have not incorporated some pieces of the other City ordinances into this document at this time. I understood the Council wishes to adopt an ordinance as soon as possible to deal with the disorderly house nuisances first. I expect that a final draft would be available for Council approval at the first meeting in November. This would become effective after publication. /°l' j< CENTERVILLE CODE OF ORDINANCES 38. HOUSING CODE: REGISTRATION OF RENTAL UNITS 38.01 Registration Certificate Required. No owner shall allow another person to occupy or let to another for occupancy any dwelling, or any apartment or rooming unit in any dwelling without first obtaining a registration certificate as provided in this chapter. My registration certificate obtained pursuant to this section shall be issued in the name of the owner. In the case of a multiple unit dwelling, a registration certificate issued pursuant to this section includes and applies to both the entire dwelling as well as each individual rental unit within the dwelling. Any suspension or revocation of the registration certificate may involve the entire dwelling or an individual unit or units within the dwelling. 38.02 Application for Registration Certificate. An application for a registration certificate shall be filed by the owner at City Hall. An application for any dwelling to be converted to a use which would require a registration certificate shall be made at least 30 days prior to such conversion. 38.03 Housing Code Violations. Any violation of the Uniform Housing Code brought to the owner's attention which is not brought into compliance within the time frame provided in the violation notice shall constitute grounds for suspension or revocation of a license. 38.04 Applications. Each application for registration certificate shall contain the following information: (1) Name, residence address, telephone number, and date of birth of the owner of the dwelling. If the owner is a partnership, the name of the partnership, and the name, residence address, telephone number, and date of birth of the managing partner. If the owner is a corporation, the name and address of the corporation, and the name, address, telephone number, and date of birth of the Chief Operating Officer. If the dwelling is being sold on a contract for deed, the name and address of the vendee. (2) Name, residence address, telephone number, and date of birth of any agent appointed by the owner to accept service of process and to receive or give receipt for notices. 1 (3) 2Name, residence address, telephone number, and date of birth of any agent actively involved in maintenance or management of said dwelling. (4) Legal address of the dwelling. (5) Complete details of the number and kind of units offered for rent, classified as to the type of unit on the application, and the facilities incorporated in such rental units. (6) Any person making application for a rental registration certificate must provide proof of identification by the use of a driver's license, state issued identification card, military identification card, or such other identification as is acceptable to City staff to provide proof of identification. The identification provided must set forth the full name and date of birth of the person making the application. 38.05 Compliance with the Zoning. No rental registration certificate will be issued to properties that are not in compliance with the appropriate zoning requirements. 38.06 Investigation. Staff shall investigate all applications for the registration certificate to verify that the dwellings, apartments, or rooming units offered for rent comply with the provisions of this code, including any provision of the zoning, building, fire safety, or applicable health ordinances. 38.07 Issuance and Posting of Registration Certificate. Whenever the investigation of an application indicates that the dwellings, apartments, or rooming units offered for rent comply with all provisions of this code, including any provisions of the zoning, building, fire safety, or applicable health ordinances, staff shall issue a registration certificate. Every registrant of a dwelling, apartment or rooming unit offered for rent shall post the registration certificate in a conspicuous place within said dwelling, apartment or rooming unit. 38.08 Notice of Violation. Whenever the investigation of an application for registration certificate indicates that the dwelling, apartment or rooming unit offered for rent does not comply with the provisions of this code, building inspections staff shall serve a notice to the applicant. Additionally, owners of rental property must give notice of outstanding violations to potential purchasers of such property. 38.09 Rejection of Application. Whenever the investigation of an application for registration certificate indicates that the dwelling, apartment or rooming unit does not comply with the provisions of this ordinance, and from the nature of the violations, the dwelling, apartment or rooming unit can not be brought into compliance with this ordinance, then the application for registration certificate should be returned to the applicant. Page 2 of 7 38.10 Apneals. Any applicant whose application for registration certificate, after investigation has been rejected, may request and shall be granted a hearing in the matter before the City Council. 38.11 Failure to Register. Subdivision 1. Every person required to register a dwelling, apartment, or rooming unit offered for rent under the provisions of this chapter and who fails to do so shall be guilty of a violation of this code. Each day that a property is rented out without a valid rental registration certificate on file for that property is a separate violation. A violation of this section shall be a misdemeanor. Subdivision 2. Any person who rents out to another any type of unit to be used for human habitation without first making out an application for a housing registration certificate shall be assessed a $50 penalty fee. 38.12 Certificate Renewal and Non - transferability. Subdivision 1. All registration certificates shall expire one year after date of issuance and must be renewed annually. All information required by Section 38.04 of this chapter must be submitted at the time of renewal. Whenever the applicant certifies that no change has been made in a registered dwelling, apartment, or rooming unit, a renewal registration certificate may be issued provided the units are in compliance with this code, including any provisions of the zoning, building, fire safety, or applicable health ordinances. Subd. 2. A registration may be suspended or revoked if it is found that at any time after issuance, the rental property as a whole, or any of the units therein, are not in compliance with this code, including any provision of the zoning, building, fire safety, or health ordinances applicable in sections 32.03 and 32.05. Subd. 3. Every person who transfers title to property registered under this chapter shall provide City Staff with the name, residence address, telephone number, and date of the transfer of title to the new owner within 30 days of the date of such transfer. Within 60 days of the date of such transfer, the new owner shall apply for a new registration certificate. In the case of an option contract where the holder of the option is collecting rents and/or is paying on the mortgage to the property while the option remains unexercised, the holder of the option shall be deemed to be the owner of the property for purposes of this section and shall be required to apply for a rental registration certificate in his/her name. The date of option contract is created shall be deemed to be the date the holder of the option becomes the "owner" for purposes of this section. Subd. 4. Registration certificates may not be transferred or assigned. Page 3 of 7 38.13 Fees. Fees per unit will be set with the annual fee resolution. 38.150 Legislative Intent. It is declared to be the purpose and intent of sections 38,151 through 38.153 to protect and preserve this city's neighborhoods and the public health, safety, welfare and morals of those who live there. The Centerville Council determines that: (1) there are persons residing in rental property in Centerville engaging in disorderly conduct which results in a hostile environment for other Centerville citizens living close to the rental property; (2) there is currently no city ordinance which provides a formal procedure by which the City can notify a rental property owner or manager of the disorderly conduct occurring on the property; (3) there is currently no procedure by which the City can require a rental property owner or manager to respond to and resolve the occurrences of disorderly conduct occurring on his or her rental property and to take administrative action against his or her rental registration certificate should he or she fail to do so. Accordingly, it is the intent of Section 38.151 through 38.153 to address the serious and, at time, life threatening problems posed by the occurrence of disorderly conduct to the health and safety of all Centerville residents in all portions of this city. At the same time, the City Council recognizes, acknowledges, and complies with all due process and property rights enjoyed by those who own or manage rental property as well as those who reside in such property. This ordinance represents the City's good faith effort to balance those competing and legitimate interests. 38.151 Definitions. For the purpose of this subdivision, the following terms shall have the meanings ascribed to them. Appropriate action shall mean that action which a reasonable license holder would take based upon the facts and circumstances of each case so as to prevent a reoccurrence of the disorderly use. License shall mean a registration certificate as required by this chapter of the Centerville City Code. Licensee or License Holder shall mean one who holds the license as required by this chapter of the Centerville City Code. Licensed Premises or Premises shall mean the property owned, operated, or managed by a Licensee Holder and shall refer to an individual unit within a multi-unit complex when applicable. Page 4 of 7 • Disorderly or Disorderly Use shall mean that conduct occurring on Licensed Premises which violates Section 38.152(2). 38.152 Conduct on Licensed Premises. Subdivision 1. Any license holder shall be responsible to take appropriate action against persons occupying specific units in the licensed premises who conduct themselves in such a manner as to cause the premises to be disorderly in violation of the statutes or ordinances listed in Subdivision 2. Those persons occupying the premises shall include tenants as defined by Minn. Stat. § 566.18, and those persons on the licensed premises whose presence that tenant has invited or to which the tenant has acquiesced. Violations of this section apply to individual units within buildings or complexes containing multiple units. Subd. 2. The following ordinances and statutes are applicable to this section: (I) MN statutes prohibiting prostitution; (2) MN statutes prohibiting indecent conduct; (3) MN statutes prohibiting participation in a disorderly house; (4) Minnesota Statues Section 617.23 through 617.299 prohibiting obscenity; (5) Minnesota Statues Sections 609.75 through 609.76 which prohibit gambling; (6) Minnesota Statutes Section 152.01 through 152.025 and Section 152.027, Subd. 1 and 2, which prohibit the unlawful sale or possession of controlled substances; (7) Minnesota Statues Chapter 340A which prohibits the unlawful sale, use or possession of alcoholic beverages; (8) Minnesota Statutes Section 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, which prohibit the unlawful possession, transportation, sale or use of a weapon; (9) Minnesota Statutes Section 609.72 which prohibits disorderly conduct; or, (10) Minnesota Statutes Sections 609.221, 609.222, 609.223, 609.2231, and 609.223 which prohibit assaults, except that domestic assaults, as the same are defined by state law, are not included herein. Page 5 of 7 Subd. 3. The police shall be charged with the responsibility of enforcing Subdivision 2. Subd. 4. Upon determination by the police that the licensed premises were involved in a disorderly use, City staff shall notify the license holder by regular mail of such violation and direct the license holder to take appropriate action to prevent further violations. Notice shall be effective if mailed to the license holder at the person's last known address. Subd. 5. If another instance of disorderly use on licensed premises occurs within twelve (12) months of an incident for which notice in Subdivision 4 of this section was given, the license holder shall be notified of the instance of disorderly use and shall also be required to submit a written report of appropriate actions taken by the landlord to prevent further disorderly use of the premises. This written report shall be submitted to the housing inspector within five (5) days of the notice of disorderly use of the premises and shall, in addition to the report of appropriate actions to be taken, detail all actions taken by the license holder in response to all notices of disorderly use of the premises within the preceding twelve (12) months. Failure to submit the written report as required herein shall be a basis for the imposition of a fine and the revocation or suspension of the license for the specific units or units located on the license premises as otherwise provided for in this chapter. Subd. 6. If another instance of disorderly use of the premises occurs within twelve (12) months after receipt of notice pursuant to Subdivisions 4 and 5, the license may be revoked or suspended for specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license as to all units in such building or complex may be suspended or revoked. Subd. 7. No suspension or revocation shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the landlord has filed an unlawful detailed action with the district court for the particular unit or units identified in the disorderly use notice. Calls to police made by licensees shall not be considered incidents of disorderly use in initiation of an unlawful detailed action shall not be a bar to sanctions, however, unless the action is diligently pursued by the license holder. A copy and notice of the unlawful detailed action shall be delivered to the City's City Administrator. A determination that the licensed premises have been involved in a disorderly use as described in Subdivision 2 shall be made upon a preponderance of the evidence. It shall not be necessary that the criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. Page 6 of 7 Subd. 8. All written leases for licensed premises executed after adoption of this ordinance, shall contain a clause providing that conduct which would be in violation of Subdivision 2 shall constitute both a material breach of the lease and grounds for termination of such lease. Subd. 9. This ordinance is not intended to supersede criminal sanctions that may be applied to the individual who violates the statutes and ordinances listed in Subdivision 2. 38.153 License Suspension and Revocation. Subdivision 1. Upon a determination that a license may be suspended or revoked, or that a fine may be imposed, a public hearing shall be held before the City Council. All parties shall be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing, license holders may present evidence of mitigating circumstances. At the conclusion of the hearing, the City Council shall make a decision. Subd. 2. The City Council reserves the right to impose any of the following sanctions for violations of Subdivision 38.152(2): (1) suspend the license for up to 60 days; or (2) revoke the licence; or (3) impose a civil fine not to exceed an amount equal to one months' rent for each violation found as a result of the hearings; or (4) impose other reasonable conditions intended to limit future incidents of disorderly use. Subd. 3. Upon expiration of the suspension or revocation period, a license holder shall pay to the City a reinstatement fee equal to an amount as determined by Council. 38.154 Prospective Tenant Background Investigations Subdivision 1. The City of Centerville Council has determined that there are persons residing in rental property in Centerville engaging in disorderly conduct which results in a hostile environment for other Centerville citizens living in or close to the rental property. It is the declared purpose and intent of this section to protect and preserve the city's neighborhoods and the public health, safety, welfare and morals of its citizens by providing a system at the local level for criminal Subd. 2. Any owner of rental property may request that the Circle Pines / Lexington Police Department conduct a criminal history/background investigation of a prospective tenant as provided under Section 21.05, Subd. 1. Such request shall be on a form approved or provided by the Circle Pines / Lexington Police Department. The applicant shall pay an investigation fee as established by resolution of the City Council. Page 7 of 7 CENTERVILLE CODE OF ORDINANCES 38. HOUSING CODE: REGISTRATION OF RENTAL UNITS 38.01 Registration Certificate Required. Subdivision 1. No owner shall allow another person to occupy or let to another for occupancy any dwelling, or any apartment or rooming unit in any dwelling without first obtaining a registration certificate as provided in this chapter. Any registration certificate obtained pursuant to this section shall be issued in the name of the owner. In the case of a multiple unit dwelling, a registration certificate issued pursuant to this section includes and applies to both the entire dwelling as well as each individual rental unit within the dwelling. Any suspension or revocation of the registration certificate may involve the entire dwelling or an individual unit or units within the dwelling. Subd. 2. The occupancy or rental of any dwelling, or any apartment, or rooming unit in any dwelling for which a registration certificate is required, need not be interrupted or suspended for lack of a registration certificate if the same is due to the inability of the director of building and safety to process the application in time or if the owner is in the process of complying with a notice of deficiencies from the director of building and safety within the period of time authorized by the director of building and safety. 38.02 Application for Registration Certificate. An application for a registration certificate shall be filed by the owner with the director of building and safety. An application for any dwelling to be converted to a use which would require a registration certificate shall be made and filed with the director of building and safety at least 30 days prior to such conversion. 38.025 Housing Code Violations. Any violation of the Uniform Housing Code which is not brought into compliance within the time frame provided in the violation notice shall constitute grounds for suspension or revocation of a license. *38.03 Application Forms, Forms of applications for registration certificate that shall be supplied by the director of building and safety will be available in the offices of the director of building and safety. 1 38.04 Applications. Each application for registration certificate shall contain the following information: (1) Name, residence address, telephone number, and date of birth of the owner of the dwelling. If the owner is a partnership, the name of the partnership, and the name, residence address, telephone number, and date of birth of the managing partner. If the owner is a corporation, the name and address of the corporation, and the name, address, telephone number, and date of birth of the Chief Operating Officer. If the dwelling is being sold on a contract for deed, the name and address of the vendee. Where the word "owner" is used in any part of the city housing code, it shall include all persons outlined in this section. (2) Name, residence address, telephone number, and date of birth of any agent appointed by the owner to accept service of process and to receive or give receipt for notices. (3) Name, residence address, telephone number, and date of birth of any agent actively involved in maintenance or management of said dwelling. (4) Legal address of the dwelling. (5) Complete details of the number and kind of units offered for rent, classified as to the type of unit on the application, and the facilities incorporated in such rental units. (6) Any person making application for a rental registration certificate must provide proof of identification by the use of a driver's license, state issued identification card, military identification card, or such other identification as is acceptable to the Director of Building Safety. The identification provided must set forth the full name and date of birth of the person making the application. 38.05 Comwliance with the Zoning. Every application for registration certificate shall be accompanied by a certificate issued by the zoning inspector indicating that the proposed use of the dwelling is in compliance with zoning requirements. 38.06 Investigation. The director of building and safety shall investigate all applications for the registration certificate to verify that the dwellings, apartments, or rooming units offered for rent comply with the provisions of this code, including any provision of the zoning, building, fire safety, or health ordinances applicable in sections 32. 03 and 32.05. 38.07 Issuance and Posting of Registration Certificate. Whenever the investigation of an 2 application indicates that the dwellings, apartments, or rooming units offered for rent comply with all provisions of this code, including any provisions of the zoning, building, fire safety, or health ordinances.applicable in sections 32.03 and 32.05, the director of building and safety shall issue a registration certificate. Every registrant of a dwelling, apartment or rooming unit offered for rent shall post the registration certificate in a conspicuous place. 38.08 Notice of Violation. Whenever the investigation of an application for registration certificate indicates that the dwelling, apartment or rooming unit offered for rent does not comply with the provisions of this code, the director of building and safety shall serve a notice to the applicant, as specified in 32.11. Additionally, owners of rental property must give notice of outstanding violations under 38.153 of this chapter to purchasers of such property. 38.09 Rejection of Anplication. Whenever the investigation of an application for registration certificate indicates that the dwelling, apartment or rooming unit does not comply with the provisions of this code, and from the nature of the violations, the dwelling, apartment or rooming unit cannot be brought up to meet the minimum requirements, the director of building and safety shall return the application to the applicant stating the reasons for the rejection of the application. 38.10 Appeals. Any applicant whose application for registration certificate, after investigation has been rejected by the director of building and safety, may request and -shall be granted a hearing in the matter before the board under the procedures set forth in Chapter 33. 38.11 Failure to Register. Subdivision 1. Every person required to register a dwelling, apartment, or rooming unit offered for rent under the provisions of this chapter and who fails to do so shall be guilty of a violation of this code. Each day that a property is rented out without a valid rental registration certificate on file for that property is a separate violation. A violation of this section shall be a misdemeanor punishable by up to a $700 fine, 9- days in jail, or both. Subd. 2. Any person who rents out to another any type of unit to be used for human habitation without first making out an application for a housing registration certificate shall be assessed a $50 penalty fee. 38.12 Certificate Renewal and Non - transferability. Subdivision 1. All registration certificates shall expire one year after date of issuance and must be renewed annually. All information required by Section 38.04 of this chapter must be submitted at the time of renewal. Whenever the applicant certifies that no change has been made in a registered dwelling, apartment, or rooming unit, a renewal registration certificate may be issued without reinspection by the Director 3 of Building Safety, provided the units are in compliance with this code, including any provisions of the zoning, building, fire safety, or health ordinances applicable in sections 32.03 and 32.05. Subd. 2. A registration may be suspended or revoked if it is found that at any time after issuance, the rental property as a whole, or any of the units therein, are not in compliance with this code, including any provision of the zoning, building, fire safety, or health ordinances applicable in sections 32.03 and 32.05. Subd. 3. Every person who transfers title to property registered under this chapter shall provide the Director of Building Safety with the name, residence address, telephone number, and date of the transfer of title to the new owner within 30 days of the date of such transfer. Within 60 days of the date of such transfer, the new owner shall apply for a new registration certificate. In the case of an option contract where the holder of the option is collecting rents and/or is paying on the mortgage to the property while the option remains unexercised, the holder of the option shall be deemed to be the owner of the property for purposes of this section and shall be required to apply for a rental registration certificate in his/her name: The date of option contract is created shall be deemed to be the date the holder of the option becomes the "owner" for purposes of this section. Subd. 4. Registration certificates may not be transferred or assigned. 38.13 Fees. Fees per unit will be set with the annual fee resolution. 38.150 Legislative Intent. It is declared to be the purpose and intent of sections 38.151 through 38.153 to protect and preserve this city's neighborhoods and the public health, safety, welfare and morals of those who live there. The Centerville Common Council determine that: (1) there are persons residing in rental property in Centerville engaging in disorderly conduct which results in a hostile environment for other Centerville citizens living close to the rental property; (2) there is currently no city ordinance which provides a formal procedure by which the City can notify a rental property owner or manager of the disorderly conduct occurring on the property; (3) there is currently no procedure by which the City Can require a rental property owner or manager to respond to and resolve the occurrences of disorderly conduct occurring on his or her rental property and to take administrative action against his or her rental registration certificate should he or she fail to do so. 4 Accordingly, it is the intent of Section 38.151 through 38.153 to address the serious and, at time, life threatening problems posed by the occurrence of disorderly conduct to the health and safety of all Centerville residents in all portions of this city. At the same time, the Common Council recognizes, acknowledges, and complies with all due process and property rights enjoyed by those who own or manage rental property as well as those who reside in such property. This ordinance represents the City's good faith effort to balance those competing and legitimate interests. 38.151 Definitions. For the purpose of this subdivision, the following terms shall have the meanings ascribed to them. Appropriate action shall mean that action which a reasonable license holder would take based upon the facts and circumstances of each case so as to prevent a reoccurrence of the disorderly use. License shall mean a registration certificate as required by this chapter of the Centerville Code of Ordinances. Licensee or License Holder shall mean one who holds the license as required by this - chapter of the Centerville Code of Ordinances. - Licensed Premises or Premises shall mean the property owned, operated, or managed by a Licensee Holder and shall refer to an individual unit within a multi -unit complex when applicable. Disorderly or Disorderly Use shall mean that conduct occurring on Licensed Premises which violates Section 38.152(2). 38.152 Conduct on Licensed Premises. Subdivision 1. Any license holder shall be responsible to take appropriate action against persons occupying specific units in the licensed premises who conduct themselves in such a manner as to cause the premises to be disorderly in violation of the statutes or ordinances listed in Subdivision 2. Those persons occupying the premises shall include tenants as defined by Minn. Stat. § 566.18, and those persons on the licensed premises whose presence that tenant has invited or to which the tenant has acquiesced. Violations of this section apply to individual units within buildings or complexes containing multiple units. Subd..2. The following ordinances and statutes are applicable to this section: (a) Section of the Centerville Code of Ordinances prohibiting prostitution; (b) Section of the Centerville Code of Ordinances 5 prohibiting indecent conduct; (c) Section of the Centerville Code of Ordinances prohibiting participation in a disorderly house; (d) Minnesota Statues Section 617.23 through 617.299 prohibiting obscenity; (e) Section of the Centerville Code of Ordinances prohibiting loud parties or gatherings or other unnecessary load noises; (f) Section of the Centerville Code of Ordinances prohibiting overcrowding; (g) Minnesota Statues Sections 609.75 through 609.76 which prohibit gambling; (h) Minnesota Statutes Section 152.01 through 152.025 and Section 152.027, Subd. 1 and 2, which prohibit the unlawful sale or possession of controlled substances; (i) Minnesota Statues Chapter 340A which prohibits the unlawful sale, use or possession of alcoholic beverages; (j) Minnesota Statutes Section 97B.021, 97B.045, 609.66 through 609.67 and 624/12 through 624.716, which prohibit the unlawful possession, transportation, sale or use of a weapon; (k) Minnesota Statutes Section 609.72 which prohibits disorderly conduct; or, (1) Minnesota Statutes Sections 609.221, 609.222, 609123, 609.2231, and 609.223 which prohibit assaults, except that domestic assaults, as the same are defined by state law, are not included herein. Subd. 3. The police or housing inspector shall be charged with the responsibility of enforcing Subdivision 2. Subd. 4. Upon determination by the police or housing inspector that the licensed premises were involved in a disorderly use, the housing inspector shall notify the license holder by regular mail of such violation and direct the license holder to take appropriate action to prevent further violations. Notice shall be effective if mailed 6 to the license holder at the person's last know address. Subd. 5. If another instance of disorderly use on licensed premises occurs within twelve (12) months of an incident for which notice in Subdivision 4 of this section was given, the license holder shall be notified of the instance of disorderly use and shall also be required to submit a written report of appropriate actions taken by the landlord to prevent further disorderly use of the premises. This written report shall be submitted to the housing inspector within five (5) days of the notice of disorderly use of the premises and shall, in addition to the report of appropriate actions to be taken, detail all actions taken by the license holder in response to all notices of disorderly use of the premises within the preceding twelve (12) months. Failure to submit the written report as required herein shall be a basis for the imposition of a fine and the revocation or suspension of the license for the specific units or units located on the license premises as otherwise provided for in this chapter. Subd. 6. If another instance of disorderly use of the premises occurs within twelve (12) months after receipt of notice pursuant to Subdivisions 4 and 5, the license maybe revoked or suspended for specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license as to all units in such building or complex may be suspended or revoked. Subd. 7. No suspension or revocation shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the landlord has filed an unlawful detailed action with the district court for the particular unit or units identified in the disorderly use notice. Calls to police made by licensees shall not be considered incidents of disorderly use in initiation of an unlawful detailed action shall not be a bar to sanctions, however, unless the action is diligently pursued by the license holder. A copy and notice of the unlawful detailed action shall be delivered to the City's Chief Housing Inspector. A determination that the licensed premises have been involved in a disorderly use as described in Subdivision 2 shall be made upon a preponderance of the evidence. It shall not be necessary that the criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. Subd. 8. All written leases for licensed premises executed after shall contain a clause providing that conduct which would be in violation of Subdivision 2 shall constitute both a material breach of the lease and grounds for termination of such lease. Subd. 9. This ordinance is not intended to supersede criminal sanctions that may be applied 7 to the individual who violates the statutes and ordinances listed in Subdivision 2. 38.153 License Suspension and - Revocation. Subdivision 1. Upon a determination that a license may be suspended or revoked, or that a fine may be imposed, a public hearing shall be held before a body to be known as the Rental Housing Complaint Board. The Rental Housing Complain Board shall consist of a Common Council member , the Common Council President and the Mayor. All parties shall be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing, license holders may present evidence of mitigating circumstances showing the absence of any need for a public hearing before the Council to consider the revocation or suspension of the license, or the imposition of fines or other sanctions. The Board shall in good faith hear and consider this evidence in making a determination to hold a public hearing. At the conclusion of the hearing, the Board shall make a recommendation to the Common Council regarding whether a need exists for a public hearing. The Board's recommendation must be submitted to the Common Council for its consideration. If the Council determines to call for a public hearing to consider the issue of license suspension or revocation, or the imposition of a fine, the Council shall follow the procedures described in Subdivision 2. Subd. 2. No license suspension or revocation shall be effective until the license holder has been afforded an opportunity for a hearing under Sections 14.57 14.70 of the Minnesota Administrative Procedure Act. Should the Common Council hold a public hearing pursuant to the recommendation of the Rental Housing Complaint Board, all parties shall be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing, license holders may present evidence of mitigating circumstances which would allow a license holder to retain his or her license. The Common Council shall in good faith hear and consider this evidence in making penalties, or impose other reasonable conditions based upon violations of this chapter. The Common Council may postpone or discontinue such proceeding if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. Subd. 3. The Common Council reserves the right to impose any of the following sanctions for violations of Subdivision 38.152(2): (2) suspend the license for up to 60 days; or (3) revoke the licence; or (4) impose a civil fine not to exceed an amount equal to one months' rent for each violation found as a result of the hearings; or (5) impose other reasonable conditions intended to limit future 8 incidents of disorderly use. Subd. 4. Upon expiration of the suspension or revocation period, a license holder shall pay to the City a reinstatement fee equal to one hundred dollars ($100.00) for each unit re- licensed and twenty dollars ($20.00) for each additional unit. 38.154 Prospective Tenant Background Investigations Subdivision 1. The City of Centerville Council has determined that there are persons residing in rental property in Centerville engaging in disorderly conduct which results in a hostile environment for other Centerville citizens living in or dose to the rental property. It is the declared purpose and intent of this section to protect and preserve the city's neighborhoods and the public health, safety, welfare and morals of its citizens by providing a system at the local level for criminal history/background investigations prospective tenants. Subd. 2. Any owner of rental property may request that the Circle Pines / Lexington Police Department conduct a criminal history/background investigation o f a prospective tenant as provided under Section 21.05, Subd. 1. Such request shall be on a form approved or provided by the Circle Pines / Lexington Police Department. The applicant shall pay an investigation fee as established by resolution of the City Council. 9 f 4r . etervi((e 1880 Main Street • Centerville, W91[ 55038 Established 1857 (651) 429 -3232 • Fax (651) 429 -8629 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA RESOLUTION NO. 99 -15 APPROVING TITLE AND SUMMARY OF ORDINANCE NO. 24 AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENSING AND CARE RELATING TO ANIMAL CONTROL; AND REPEALING ORDINANCES NOS. 24-A AND 24 -B RELATING TO THE SAME SUBJECT WHEREAS, the City Council of the City of Centerville has adopted Ordinance No. 24, An Ordinance Prescribing Regulations For Confinement, Licensing And Care Relating To Animal Control; And Repealing Ordinances Nos. 24 -A And 24 -B Relating To The Same Subject; and WHEREAS, the Council by four -fifths of its members, does find that the attached Title and Summary of the ordinance does clearly inform the public of the intent and effect of the ordinance and the form of publication is approved. NOW THEREFORE, BE IT RESOLVED that this action is given as authorized by the Minnesota State Statutes 412.191, Subd. 4. The form that shall be published is stated below: TITLE AND SUMMARY ORDINANCE NO. 24 AN ORDINANCE PRESCRIBING REGULATIONS FOR CONFINEMENT, LICENCING AND CARE RELATING TO ANIMAL CONTROL; AND REPEALING ORDINANCES NOS. 24 -A AND 24 -B RELATING TO THE SAME SUBJECT 1. The ordinance establishes definitions that will be used in the future to describe aspects of the animal control effort in the City. 2. The ordinance establishes restrictions and requirements that will apply to the residents who have animals within the City. 3. The ordinance establishes requirements for rabies control. 4. The ordinance ascertains the prohibition of non - domestic animals and requirements for farm animals within the City. 5. The ordinance defines impounding and procedures for reclaiming of animals. 6. The ordinance establishes requirements for kennels. 7. The ordinance defines nuisances of animals. 8. The ordinance outlines the seizure of animals. 9. The ordinance outlines the humane treatment of animals and domestic animal shelters. 10. The ordinance establishes requirements for owners of guard dogs. 11. The ordinance addresses abandoned animals, animals presenting a danger to health and safety of the City and diseased animals. 12. The ordinance establishes procedures regarding a dangerous or potentially dangerous animal. 13. The ordinance establishes appointment of enforcing officer. 14. The ordinance addresses interference with enforcement officers. 15. The ordinance repeals Ordinance No. 24-A, dated September 25, 1985 and Ordinance No. 24 -B, dated December 23, 1985. 16. The ordinance addresses existing permits and requirements to maintain existing permits. 17. The ordinance establishes penalties for failure to comply 18. The ordinance will be in effect after publication by title and summary the day after its publication. 19. A complete copy of the ordinance is available for public view at City Hall during regular business hours. Adopted by the City Council of the City of Centerville this 27 day of October, 1999. Tom Wilharber, Mayor ATTEST: Diane Ward, CMC City Clerk • MEMO DATE : October 22, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Rental Housing Ordinance ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Included in your packets is a rough, rough draft of a rental housing ordinance. I expect that a revised ordinance will be produced and distributed to Council even prior to our meeting. This last week has been very busy. Please review the overall concept of this ordinance, but do not get hung up with some of the language because I know there are items yet to revise. I have not incorporated some pieces of the other City ordinances into this document at this time. I understood the Council wishes to adopt an ordinance as soon as possible to deal with the disorderly house nuisances first. I expect that a final draft would be available for Council approval at the first meeting in November. This would become effective after publication. MEMO DATE : October 22, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Tri-City Police Department Joint Powers Agreement *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The final draft of the joint powers agreement was submitted to Council at the last meeting. City Attorney Jim Hoeft will be present to discuss this item. The effective date for this Tri City Police department joint powers agreement is January 1, 2000. • vOLICE CIRCLE PINES LEXINGTON 7 al 4e a POLICE DEPARTMENT A my $ 200 Civic Heights Circle, Circle Pines, Minnesota 55014 Es 4' (612) 784 -2501 Fax: (612) 784 -0082 October 20, 1999 To: The Honorable Mayors and City Administrators Cities of Centerville, Circle Pines and Lexington w is From: Mady Reiter, air, Circle Pines-Lexington Joint Powers Po lice Commission — 77elej Attached for each of you is a copy of the proposed Joint Powers Police • Department Contract, as approved by the Tri -City Task Force. Please have your city attorneys review the document and please present the contract to your respective City Councils for their approvaL The Police Commission is seeking an implementation date of January 1, 2000. Thank you for your attention, assistance, support and input into the process and drafting of this joint powers agreement. If you need to reach me, please contact me by any of the following means: Home address: 4279 Highland Drive, Shoreview, MN 55126 Phone: 661 -484 -3009 email: mreiter @gateway.net REVISED October 1, 1999 JOINT POWERS POLICE DEPARTMENT CONTRACT CITIES OF CENTERVILLE CIRCLE PINES, AND LEXINGTON MINNESOTA This contract is entered into this day of 1999, by and between the City of Centerville, hereinafter referred to as "Centerville," and the City of Circle Pines, hereinafter referred to as "Circle Pines," and the City of Lexington hereinafter referred to as "Lexington ", all city corporations located in the State of Minnesota, County of Anoka. WHEREAS, Centerville, Circle Pines and Lexington desire to establish, equip and operate a joint powers police department to protect, safeguard and furnish police protection for their citizens pursuant to Minnesota Statutes Section 436.06, and WHEREAS, the parties hereto desire to establish a Board of Police Commissioners pursuant to the authority of Minnesota Statutes Section 436.06, Subd. 2, hereinafter referred to as the " Police Commission" to control and supervise the administration of the joint police department. NOW, THEREFORE, IT IS HEREBY AGREED as follows: SECTION I GENERAL PURPOSE It is the general purpose of the parties to this agreement to continue an organization to jointly and cooperatively provide police protection services including, but not limited to, crime prevention, response to police calls and patrolling. The area included within the District is the area contained within the corporate limits of the cities, which are participating parties to this Joint Powers Agreement, as adjusted in the future, whether by annexation or otherwise. SECTION IT TRI -CITY POLICE ORGANIZATION 2.1 Establishment. There is hereby established the "Tri-City Police Department" (hereinafter referred to as the "Department ") to be managed through a two (2) tier system. The management tiers will be broken out as follows: The Chief of Police is an appointed position. Appointment, contract and ratification require the approval of all member cities. In the event that the member cities are unable to agree on a person to fill the position of Chief of Police, the Police Commission by majority vote shall appoint an acting Chief of Police. Specific personnel issues for the Chief of Police will be covered by the contract and/or Rules and Regulations Policy adopted by the Police Commission. The Police Commission shall meet with the Chief of Police regarding operations and administrative concerns on a monthly basis. 2.2 The venue of the Commission will rotate between the member cities or an agreed upon location. 2.3 Boundaries. The area included within the District is the area contained within the corporate limits of the cities which are parties to this Joint Powers Agreement, as adjusted in the future, whether by annexation or otherwise. 2.4 Payment of Bills. The member cities confer upon the persons appointed to serve on the Police Commission the authority to approve budgeted expenditures during their monthly meetings. Non - budgeted expenditures must be approved at a special or regular meeting of the Police Commission. A monthly bill list shall be submitted to each city following the Police Commission meeting. 2.5 Quorum. Six (6) of nine (9) regular Police Commission members during special or monthly meetings shall constitute a quorum, except at least two (2) Police Commission members shall be present from each city. In situations of financial default, of more than three months, the quorum will be reduced to four (4) Police Commission members present, with at least one (1) from each city not in default. 2.6 Voting. Each Police Commission member, except the chairperson, present at the meeting other than ex officio police department representative shall be entitled to one (1) vote. Unless otherwise provided in this agreement, the Police Commission may take the action on any issue by a fifty -one (51 %) per cent or greater vote of those members present and entitled to vote at a duly called meeting, subject to the quorum requirement of Section 2.5. There shall be no voting by proxy. Votes must be cast at a Police Commission meeting by a Police Commission member. Police Commission members from cities in financial default are not eligible to vote. 2.7 The parties agree that there shall be established a Police Commission consisting of nine (9) members to be selected as follows: (a) Two citizen commissioners to be selected by the City Council of each member city, according to the procedure which the Council shall determine. The Third member, from that city, shall be an elected city official. 2 • (b) Of the nine (9) commissioners selected pursuant to subsection (a) above, one commissioner selected by each city shall serve a minimum term of two (2) years and a maximum term of four years. Upon expiration of the two year terms, successors to those commissioners may be reappointed for terms of four years. (c) The Police Commission chair shall be selected, from outside the member cities, by mutual agreement of all city councils to serve an initial term of three years. Upon expiration of the three year term, the chairperson position shall be appointed for a term of two years. The chairperson may be reappointed. (d) The city councils shall select commissioners under subsection (a), within thirty days after execution of this agreement. The chairperson commissioner shall be selected within sixty days after execution of this agreement. (e) Vacancies in commission membership shall be filled within sixty days. (f) At the completion of the second year of the Joint Powers Agreement any city may request a reevaluation of the Police Commission structure. Upon such request, the chair of the Police Commission would convene a task force consisting of the member city administrators and one elected official not serving on the Police Commission from each city. This task force will report back to each of the city councils within six months, with their recommendation. Such recommendation must be adopted by each of the three city councils in order to amend the Joint Powers Agreement. 2.8 The Police Commission shall be governed by the following rules: (a) The chairperson elected by mutual agreement of all city councils shall be designated as the chairperson, and shall preside at all meetings of the Police Commission. The chairperson shall not vote on any issue. (b) Regular meetings shall be scheduled by the Police Commission and shall be held at any of the parties' city halls and shall be open to the public. Regular meetings shall be held at least once per month at a time to be determined by the Police Commission. (c) The chairperson shall have the power to call special meetings of the Police Commission by giving written notice of the meeting to each commissioner and to the mayor of each city. Said notice shall contain the date, time, place, and purpose of the special meeting. Such meeting shall be called in compliance with the Open Meeting Law. The 3 chairperson shall also call a special meeting if requested by a minimum of one commission member from two separate member cities. SECTION III OFFICIAL ADDRESS Joint Powers Police Commission Office. The office of the Police Commission shall be MN 55014 or such other locations as the Police Commission deems necessary. All notices to the Police Commission shall be delivered or served at said office. SECTION IV GENERAL POWERS OF THE POLICE COMMISSION 4.1 Powers. The Police Commission shall have and is hereby given all powers, duties and functions enumerated in this agreement, and all such further powers necessary to carry out the intent and purpose of the Department with respect to acquisition of property and operation of the Department heretofore set forth, including the following: (1) To employ and determine the terms of employment of administrative and other personnel, accountants, consultants, legal counsel, and other qualified personnel, except as provided in this Agreement. (2) To cause reports, plans, studies and recommendations to be prepared. (3) To lease or purchase equipment and supplies necessary for the proper operation, care, maintenance, and preservation of Department facilities and equipment, except as otherwise provided in this Agreement, and subject to the budget as approved by member cities. (4) To adopt Department bylaws, rules and regulations for the operation, maintenance and use of the Department personnel services, equipment and facilities. (5) To enter mutual aid agreements with other organizations with similar purposes. (6) To recommend disposal of capital equipment as hereinafter defined, and land. (7) It shall be the responsibility of the Police Commission to control and to supervise the administration of the joint powers police department. The Police Commission shall have the power to appoint, promote, suspend and 4 • remove officers and employees of the joint powers police department as hereinafter provided. (8) To sell or lease any of its equipment as may be deemed expedient. (9) To establish a yearly budget for police services pertaining to the Department, which budget shall require approval by the City Councils of each of the member cities, per Section VIII of this Agreement. (10) To act as agent for receipt, custody and disbursement of funds, gifts or other funds paid or given by the contracting cities on behalf of, or, for the use of the Department. (11) To act as paying agent for any contracts of indebtedness and loans made in the names of the contracting cities for the benefit of the Department. (12) To cause an annual audit to be made of all its accounts, books, vouchers and funds. (13) It shall be the duty of the Police Commission to appoint a chief with the duties of a customary chief of police. The appointment of the Chief of Police shall be subject to approval of the City Councils of all member cities. (14) In exercising its powers under this section, the Police Commission shall be governed by the rules and regulations known as "Rules and Regulations - Joint Powers Police Department." A copy of the rules and regulations shall be provided to each city council. Additionally, amendments to the rules and regulations must be provided to each city council. (15) Revenues from fines for criminal violations shall belong to the city prosecuting the violation. (16) The Police Commission shall make a financial accounting and report to the cities on or before July 1 of each year. Upon request, during normal business hours, financial records shall be open to examination by the cities. 4.2 Disbursements and Bonds. Except as designated in Section 2.4, all disbursements of the Department shall be approved by the Police Commission at a regular or special meeting and be cosigned by two of the officers designated by the Police Commission. A monthly list of disbursements will be provided to each city. Officers authorized to make disbursement shall be bonded in an amount to be determined and approved by the Police Commission before entering into the performance of their duties. 5 SECTION V POLICE DEPARTMENT EQUIPMENT, LAND AND BUILDINGS 5.1 Equipment. Each of the cities to this agreement has contributed to the Department for its use and benefit, the cities' existing police equipment. The Police Commission shall control the use of such contributed equipment. All expenses relating to the maintenance and repair of such equipment shall be an operating expense of the Department. 5.2 Land and Buildings. Each of the cities to this Agreement may provide building space to the police department. Such land and/or building space may be owned by the City and leased to the police Department. Such lease is to be an operating cost of the Department. Any lease requires the approval of all member cities.. Existing leases will be honored. The Commission shall control use of the buildings and land. 5.3 Ownershiu. New and used equipment purchased by the Department after the effective date of the original Joint Powers Agreement (January 1, 2000) shall be owned by the Department. The Department's Chief of Police shall conduct an equipment inventory annually and present such information to each member city. 5.4 All equipment controlled by the Department shall be used when needed within the boundaries of the District for the benefit of the member cities. They should not be used outside the District, except as follows: (a) In areas outside the District, when police emergencies may endanger life or property within the District. (b) When use is covered by contracts duly entered into by the Department for police services or other services outside the District. (c) When necessary to fulfill mutual aid agreements duly entered into by the Police Commission. (d) In case of major emergency or disaster, when authorized by the Chief of Police, or in his absence, the officer in charge. Such use shall be reported as soon as possible to the Chief of Police of the Department. Such use, as authorized above for use outside the District, shall be carried out only when the officer in charge has determined that the absence of equipment from the Department will not impair the protection of the District. The officer in charge shall have the authority to determine priority in answering calls and to assign equipment and manpower. 6 (e) When specifically authorized by the Police Commission. SECTION VI FUNDING 6.1 Member Contributions. Each calendar year each city shall pay monthly, to the Department, its share of the total operating budget as established by the Commission, as provided for in Section VII of this Agreement. Capital and operating expenses of the Department shall be borne by each city in this Agreement according to the following formulas: The following calculation shall determine each city's share of the cities' contribution to the police budget. The formula weights calls at 40 %, population at 40% and International Association of Chiefs of Police (IACP) formula for number of officers at 20 %. Formula: Step 1 (% A x 40) + (% P x 40) + (% 0 x 20) city total Step 2 Each city's individual total is summed to achieve a grand total. The City's % of the grand total is their share of the City's contribution to the police budget. A = The specific city's average number of complaint numbers generated for the last three (3) calendar years as a percentage of total calls. P = The specific city's population in the District. Source for population information shall be the latest Metropolitan Council estimate of the population as a percentage of their total population, 0 = The number of officers each City would require as determined by the IACP as it existed in 1999 as a percentage of the total officers suggested by the formula. 6.2 Phase In. To accomplish a phase in of the formula, the City of Lexington's contribution, as determined by the formula, if greater than 115% of the previous year's contribution will be reduced to 115% of the previous year's contribution. The dollar amount of such reduction for the City of Lexington will be added to the contribution of the City of Circle Pines as calculated by the formula. The City of Centerville will pay the amount indicated by the formula. At the point that all cities pay the amount that is indicated by the formula, no future 7 phase in shall occur. To further clarify the formula and their intended relationship, specific examples of the formulas are attached as Appendix A. SECTION VII BUDGET 7.1 Established Budgets. The cities hereby agree that the intended amount cities will contribute to fund the police budget per year is as follows: 2000 - 1,168,190 2001 - 1,241,583 2002 - 1,314,178 2003 - 1,336,009 7.2 Police Commission Budget Process. The Chief of Police shall submit a budget to the Police Commission by July 1st of each year. The Police Commission shall then review the proposed budget and make a recommendation to the member cities by August 1st. Each city shall have until September 15 to accept the budget. If all member cities have not accepted the budget by September 15th, in the appropriate year, the Police Commission will make an attempt to resolve outstanding issues and shall report back by October 31st . The cities will then have from October 31 to November 30 to approve the proposed budget. All new budgets must be agreed to by all member cities, to become effective. 7.3 Base Budget. If, by November 30 , the cities in the District are unable to mutually agree on the proposed budget for the upcoming year, the amount of the previous years operating budget will be increased by the lesser of the following: (a) The increase in the July to July, Minneapolis and St. Paul Consumer Price Index for All Urban Consumers (CPI) for the period ending most immediately prior to the commencement of the budget year over the same index for the previous year. or (b) The increase in the most restrictive levy limit applicable to the budget year placed on any of the member cities over the levy limit for that member municipality for the prior year. In the event (a) or (b) decreases, the operating budget shall remain the same. 8 • SECTION VIII BUY IN 8.1 In recognition of the assets of Circle Pines and Lexington being contributed to the District and the Department, the City of Centerville agrees to pay one dollar as a buy in to the District and the Department. SECTION IX ARBITRATION 9.1 Arbitration Procedures. (a) Upon the City Councils of two member cities agreeing to proceed to arbitration in the types of disputes outlined in Section 10.1, the issue shall be submitted to the American Arbitration Association, which shall, as soon as reasonably possible, submit a list of potential arbitrators to each of the cities. No disputes except those proceeding forward from Section 10.1 shall be subject to arbitration. Except as identified herein, the commercial arbitration rules of the American Arbitration Association shall apply to an arbitration pursuant to this agreement. The cities shall, within thirty (30) days of receipt of the list of potential arbitrators, submit the rank ordering of their city's preference for arbitrators. The arbitrator having the highest ranking, across all member cities, will be selected as the arbitrator for the issue. The cities may, by unanimous - agreement, select -one (1) arbitrator from the list or any other qualified individual. (b) Within thirty (30) days after the appointment of the arbitrator and no sooner than ten (10) days following written notice to the member cities, the arbitrator shall commence a hearing on the dispute. (c) The hearing shall be recorded and may be transcribed at the request and expense of any city. All hearing proceedings, debates and deliberations shall be open to the public, and shall take place at such times and places as contained in the notice, or as thereafter publicly stated in the order to adjourn. (d) At the close of the hearing, and within thirty (30) days, the arbitrator shall prepare written findings and make a written decision which shall be served by mail upon the cities, and shall be binding upon all member cities. 9.2 Arbitrator's Authority. (a) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, subtract from the terms and conditions of this Joint Powers Agreement. The 9 arbitrator shall consider and decide only the specific issue(s) submitted in writing by the cities, and shall have no authority to make a decision on any other issues not so submitted. (b) The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way, the applicable application of laws, rules, or regulations having the force and effect of law. 9.3 Judicial Relief. (a) Any city may seek judicial relief, to the extent authorized under Minnesota Statute Section 572.08 through 572.30 as the same may be amended, and, in addition under the following circumstances: -any city fails to select an arbitrator; - designated time limits have been exceeded; -the arbitrator has not proceeded expeditiously; or (b) Costs of the suit to be awarded to the prevailing parties. The cost of arbitration shall be borne equally by the cities. Each party shall pay its own attorney's fees. SECTION X DISPUTE RESOLUTION 10.1 Dispute Process. When any member city feels that there is a mis- interpretation or a violation of the specific terms and conditions of this agreement except as outlined in Section 15.4, they may initiate the dispute resolution process by submitting a written statement outlining the dispute or disagreement. This written statement of dispute shall be forwarded to the Police Commission at its next regular or special meeting. The Police Commission will then have a six (6) month period to resolve the dispute as to interpretation or application of the terms of this agreement. If during the six (6) month period all member cities cannot mutually agree as to the appropriate interpretation or application of the specific terms of this agreement, the dispute shall be forwarded to the Anoka County Mediation Service or a similarly appropriate mediation service. If the cities can not mutually agree, through the mediation process, within 90 days as to the interpretation or application of a specific term in question, then a majority vote of member cities will initiate the submission of the issue to arbitration as defined in Section 9. to SECTION XI WITHDRAWAL 11.1 Notice. Member cities may withdraw from the District only in accordance with this section. Notice to withdraw may only be given during the month of October, in odd numbered years, beginning with October of 2003. Such notice shall provide a minimum of one (1) year's notice to the remaining cities of the intent to withdraw. Such withdrawal would be effective December 31 on the year following notice. 11.2 Withdrawal Damages. After a city gives notice they shall have a maximum of six (6) months from the date of notice to pay the following withdrawal damages. (1) 50% of estimated unemployment cost for the number of officers for that city as calculated by the budget formula as outlined in Section 7. The number of officers shall be multiplied times the weekly maximum unemployment amount times 26 weeks. (2) 50% of the cost of accrued sick leave and vacation for the number of officers as determined by the budget formula as outlined in Section 7. Such accrual shall be as of January 1st in the year the city is withdrawing and shall be based on the officers with the least seniority. Such damages will be distributed to the remaining Cities based on their percentage share of the current Department budget contributions. The withdrawing city shall always be responsible for payment of the remaining one (1) year of contributions and shall be a full participant in the operation of the Department until its withdrawal is effective. 11.3 Refund of Damages. During a six (6) month period, following the notice to withdraw, a city may abandon that withdrawal and determine to stay in the Department. If that occurs within a six (6) month period, the damages paid to the remaining cities will be refunded to the city which had originally given notice to withdraw. After the six (6) month period, no refund of damages shall occur, even though the city may determine they wish to abandon their withdrawal and stay with the District. 11.4 Ownership of Equipment. All contributions for equipment by the withdrawing municipality shall be Lost and the property shall remain property of the Police Department. 11 SECTION XII DURATION, DISSOLUTION OF THE - DISTRICT 12.1 DURATION Unless dissolved pursuant to this agreement, the duration of the District shall be perpetual. 12.2 Dissolution. The District shall be dissolved when a majority of member cities' city councils have voted in favor of dissolution. 12.3 Upon unanimous agreement for dissolution, each member city shall continue payments and operate as a full participant in the District for a one (1) year period, so that dissolution can occur in an orderly fashion. SECTION XIII DISTRIBUTION OF EQUIPMENT UPON TERMINATION OR DISSOLUTION 13.1 Process. (a) Upon dissolution, termination or withdrawal from the District by a member, or members of the District, the following procedure shall be used to distribute the equipment and personal property of the Department, and other related equipment. Distribution will only occur after all Department debts and long term expenses have been satisfied. (b) All property and equipment will be sold. (c) In addition, the financial records of the Department will be reviewed for the lesser of the life of the District or for the last 15 years, to determine the total dollar value of contributed equipment and other payments made by each member city. The Department will then determine the percentage of the total paid by each member city. The percentage of the total contributions over the applicable period will then be multiplied times the total dollars arrived at by sale of all equipment and personal property of the Department less any debts, and then distributed to the cities. SECTION XIV COUNTERPARTS This agreement may be executed in several counterparts and so executed shall constitute one agreement, binding on all of the parties hereto notwithstanding that all of 12 - the parties are not signatory to the original or the same counterpart. • SECTION XV AMENDMENT 15.1 Modification. This agreement sets forth all understandings between the parties respecting terms and conditions of the District and the Department. All prior agreements, understandings, representations whether consistent or inconsistent, verbal or written, concerning this agreement, are merged into and superseded by this written agreement. No modification or amendment of this agreement shall be binding on any city unless each city agrees in writing to the proposed change or amendment. 15.2 Submittal. Any city wishing to submit an amendment to the agreement shall do so by submitting a written proposal to the Police Commission at a regularly scheduled or special meeting. The Police Commission shall forward the proposed amendment, with a recommendation to each member city, within 90 days of receipt of the proposed amendment. 15.3 Response to Proposed Amendment. Each recipient city shall respond to proposed amendment within 60 days of receipt from the Police Commission. If no response is received, the amendment is deemed to be rejected. 15.4 No Mutual agreement Should the cities not mutually agree to amend this agreement that decision shall not proceed to dispute resolution as out lined in section 10. 13 MEMO DATE : October 22, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Lift Station #2 Upgrade Included in your packet is a report from Bonestroo on the condition of our Lift Station #2. This lift station is located near the intersection of Mill Road and Peltier Lake Drive. Paul Palzer met with representatives from Bonestroo and discussed this issue. I am pleased with the quality of the report on this piece of infrastructure. I believe that the recommendations are sound and would support renovating this structure. I have personally inspected this lift station and the mechanisms definitely seem to have lived beyond their useful life. Bringing this lift station to grade would also provide an aesthetic benefit to this neighborhood as well as lower maintenance costs with keeping the area around this lift station maintained. Mr. Peterson will be in attendance to make a presentation on this item. • Bonestroo, Rosene, Anderlik and Associates. Inc is an Affirmative Action /Equal Opportunity Employer B onestroo Principals: Otto G. Bonestroo. PE. • Joseph C. Anderlik. PE. • Marvin L. Sorvala, PE. • Glenn R. Cook. PE. • Robert G. Schunicht, PE. • Jerry A. Bourdon, P.E. • R osene Robert W. Rosene, PE.. Richard E. Turner, P.E. and Susan M. Eberlin, CPA., 1i #onsultazo 99 Anderlik & Richard Associate Foster, PE. • David O SLoskota, RE. Keith Robet C R usssek, A.LA O• M f � • A Hanson, RE. • Michael T Rautmann, PE. • Ted K.Field. PE. • Kenneth P Anderson, P.E. • Mark R. Rolfs, PE. • A ssociates Sidney P. Williamson, P.E L.S. • Robert F. Kotsmith • Agnes M. Ring • Allan Rick Schmidt. PE. Offices St. Paul, Rochester. Willmar and St. Cloud, MN • Milwaukee. Wl Engineers & Architects Website: www.bonestroo.com September 29, 1999 City of Centerville 1880 Main Street Centerville, MN 55038 Attn: Mr. Jim March Re: Lift Station No. 2 Upgrade • BRA File No. 616 -98 -000 Dear Mr. March: Introduction This letter report was prepared to evaluate the condition of Lift Station No. 2 located on Peltier Lake Drive. This letter report is to be used as a planning document for the renovation of this Lift station. The lift station was researched and then inspected to evaluate its overall condition, design, and reliability. The pump capacity was also checked through direct measurement of incoming and pumped flow. Recommendations were formulated to lay out the steps necessary to renovate the lift station. In general, it was found that the lift station has been satisfactorily cared for from a labor • standpoint, but equipment replacements have not kept pace with generally accepted useful life estimates. Most of the key mechanical components have not been replaced and are operating at risky maintenance levels because they are serving beyond their useful lives. Description of Work The evaluation of Lift Station No. 2 has been based on information gathered from three sources: 1. Site Inspection; 2. Existing Records; and 3. Discussion with City Staff The lift station was inspected by a civil engineer in the presence of City Staff. The site visit lasted approximately two hours, during which time the structural, mechanical, and electrical components were inspected during operation. Flow tests were conducted, and information was gathered about the stations history, maintenance, and operation. 2335 West Highway 36 • St. Paul, MN 55113 • 651-636 - 4600 • Fax: 651 -636 -1311 Lift Station Description This station is a wet -well mounted vacuum pump system mounted on top of a six foot diameter wet well. The station is located on the north side of Peltier Lake Drive and was constructed in 1977. The original lift station was supplied with two vacuum pumps rated for 550 gallons per minute at 54' total dynamic head (TDH). Due to the small size of the wet -well, the pumps would cycle excessively which caused the motors to bum out. The impellers were subsequently replaced with smaller impellers to reduce flow and increase run times for the motors. The existing impellers are rated for 100 gallons per minute at 36' TDH. The smaller impeller has solved the cycling problem by allowing the pumps to run longer each cycle. Heat build up in the motors is reduced by limiting the number of starts per hour for each motor. With the use of these smaller impellers, the existing 15 HP motor and impeller combination is running very inefficiently. In fact, the efficiency is below the lowest efficiency point on the pump curve and can only be assumed to be running somewhere below the 30% efficiency point. During the on -site inspection, the pumps were run manually to conduct the desired flow test experiment. One of the vacuum pumps could not be primed to conduct the test. After approximately twenty minutes of priming, the pump began to work and the test was conducted. The difficulty in obtaining and maintaining a primed condition is a very serious problem for this lift station. The pumps were flow tested and are currently pumping at the following rates. Pump No. 1 = 175 gpm, Pump No. 2 = 153 gpm. Pumping Records / Flows Lift station run times have been reviewed and tabulated from January 1997 through February 1999. The combined run times for both pumps has averaged approximately 4 hours per day throughout this period. This is not an excessive amount of hours per day. The station currently services approximately 150 homes during the time period listed above. An additional 50 homes are currently being added to this lift station by the Buechler Estates, Lakeland Hills and Woods of Clearwater Creek developments. Flows and run times will increase as these developments are completed. Lift Station Recommendations A. Equipment and Piping The equipment in this lift station has reached the end of its useful life. Therefore, at a minimum, it is recommended that the existing equipment be replaced with new submersible pumps. The existing concrete wet well is structurally in good condition and can remain in service as the wet well. Due to the style of the vacuum pump system, the top cover of the lift station will need to be replaced. We recommend the existing pumps be replaced with new submersible non -clog pumps with a minimum capacity of 250 gallons per minute at 42' TDH. B. Electrical Equipment The electrical equipment is in very poor condition and needs to be entirely replaced. It is recommended that a new above -grade electrical control panel be furnished and installed. Other electrical recommendations include a new service disconnect, replacement of the existing control system with an ultrasonic or submersible level transducer, addition of a low water level float, incorporation of low water level float and high water floats into back -up control, intrinsic safety barrier and vented conduit for floats, new alarm light, and all new wiring. C. Site Improvements (see photos) The existing site is extremely dangerous and is not conducive to maintenance work. The site was previously raised approximately five foot. A "moat" or barrier wall was built around the existing station when the grade was raised. The existing wetwell top slab needs to be replaced. A new six foot diameter manhole section should be added to raise the new top slab with hatches to grade. The existing "moat" should be filled with sand and the road extended to the new top slab. New control panels would be installed at grade. The existing fence could be salvaged and reinstalled, or removed completely from the site. New contours blending with the adjacent lot should be considered, as well as some landscaping. Generally, some interaction with the adjacent home owner is well worth the effort from a public relations stand point. We recommend meeting with the adjacent home owners to discuss proposed contours and landscaping. Cost Estimate A cost estimate has been prepared as a preliminary guide for the City's budgeting purposes. As the project is designed and City input is received, the scope of the project and associated costs would be modified to reflect the changes. See cost estimate at the end of this report. Conclusion The condition of the existing equipment is such that replacement will be required. The existing wet well can be reused but should be raised to a new grade. The existing forcemain would be reused and would not be replaced. At this time, it would be appropriate for the Council to order preparation of plans and specifications for replacing the existing lift station equipment. A possible schedule for the project is shown below. Prepare Report September 28, 1999 Order Plans and Specifications October 13, 1999 Approve Plans and Specifications November 10, 1999 Open Bids December 3, 1999 Award Contract December 8, 1999 Begin Construction April 2000 Complete Construction June 2000 If you have any questions, please feel free to contact us at (651) 636 -4600. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Daryl Kirschenman, P.E. Tom Peterson, P.E. Attachments cc: Paul Palzer — City of Centerville • COST ESTIMATE LIFT STATION NO. 2 CITY OF CENTERVILLE BRA File No. 61698000 Item Description Unit Quantity Cost Total Cost No. 1 Submersible pumps — FLYGT CP3127 I2,000 512,000 2 Lift station control panel (no telemetry) 10,000 S10,000 . 3 Hatch LS 1 800 $800 4 Piping 6" DIP FT 32' 24 5765 5 Fittings 6" 90° LB 110 6 53,960 6 Gate valves (buried) EA 2 600 51,200 7 Check valves EA 2 800 51,600 8 Mechanical labor LS 1 6,000 56,000 9 Electrical labor LS 1 2,500 S2,500 10 Remove existing pumps ! controls LS 1 8,000 S8,000 11 By -pass pumping LS 1 7,000 S7,000 12 Remove existing top slab LS 1 500 5500 13 6' — 0" DIA x 5' manhole ext. FT 5 600 S3,000 14 Top slab EA 1 900 S900 15 Common fill YD 50 8 5400 Total Construction Costs = S58,628 r ii PUMP RUN TIMES LIFT STATION NO. 2 CITY OF CENTERVILLE BRA File No. 61698000 Pump No. 1 Pump No. 2 Total Run Time Total Hours / Days I (hour) (hour) (hour) Day 1997 January I 31 47.1 52.2 99.3 3.2 February 28 117.4 118.6 236.0 8.4 March 31 60.0 73.9 133.9 2.2 April 30 70.5 74.0 144.5 2.0 May 31 59.1 68.3 127.4 2.1 June 30 63.1 _ 71.7 134.8 4.5 July 31 71.6 102.2 173.8 5.6 August I 31 i 59.8 75.8 135.6 4.4 I September I 30 I 65.5 79.5 145.0 4.8 October 31 59.0 65.1 124.1 4.0 November 30 1 67.0 77.0 144.0 4.8 December 31 73.0 72.9 145.9 4.7 I 1998 January 31 47.4 59.6 107.0 I 3.4 February I 28 I 47.6 43.9 91.5 1 3.3 March I 31 I 56.2 77.8 134.0 I 4.3 + April 30 62.4 85.8 148.2 4.9 May 31 53.3 86.0 139.3 4.5 June I 30 58.6 86.7 145.3 4.8 July 31 62.0 87.3 149.3 4.8 August 31 60.2 74.3 134.5 4.3 September 30 58.9 73.7 132.6 4.4 October 31 62.1 79.2 141.3 4.6 j ' November I 30 50.1 77.6 127.7 4.3 1 December I 31 I 63.3 61.0 124.3 4.0 I 1 1999 " I I January I 31 48.6 60.2 108.8 3.5 February 28 52.0 66.5 118.5 4.2 1 4 � Lift Station No. 2 • \ ;t K ' v' 9syR Vacuum Pump Enclosure (closed position) r • t -tt' tt - r r• I _ - 4 ti l V , ' ' _ • . ,_4■Pit. , Ali- i , 7 .. . _ . ... --:•--; • ., -:•••••-w4.- . •• if,-4‘; 4 : it •v - •-s".." i k ......t. • - '., :-.7-`,....Y:ti, a .4.-t.nt.oz.-..,-: ..fr„-,•.;,.....s.; -, ...s... • ..: -‘ .; ,-.i. ,4.- - - -• , ...'-.,-,-;- -;:ri.1:1'.4!•'-'!!?....44.•4".4.•:.n.*, Av. -4".1,e,,:t. 1".-.)1...Lt:-,P4it.,t2` , _ L •••• : :- 7. 15,14:::1 SNet'elWit°.;; - • mv't ' , •,xtfr.414 - ; , e t• ,i4,/.. . . • ' ;tit' -----. x. 2' -* ::-.21.,-,,,.4,-,N4.1.4WAA 2.p. .. %flat t - tt. et ' . :• • ' ''' • ' ' 4 :- ;: , i .,,,"t"." . -`t; f i t - . • ' ' • Vacuum Pump Enclosure (open position) - ,. . -,.......,,,, , . ,.........„ t l ...ir.,..4........,,,...,,...:1/44. , ........ , ..ira.:. .4. ......,..--:,r-; "...‘ we tt i _ : • as II e t b. 1 , _ ■ '-'' ;.-z- ' • - . 4 \ . - A -- 1 - . -/. - - 11.1111111iiillisits.6„,, ..4. - , Wet-Well Access Hatch MEMO DATE : October 22, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Public Works Employee Appointment *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Mr. Palzer and I have completed all six candidate interviews for the position of public works employee. At the time of packet preparation, we have not completed the scoring of the written essay portion of the interview. We will be prepared to make a recommendation at the Council meeting. We will check references on the top candidate, have the applicant take a physical/drug test and have a background study performed. MEMO DATE : October 22, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Lawn Maintenance Contract *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Included in your packet is a quote from Valley Creek Lawn and Landscape Inc. for lawn mowing for the year 2000. The quote is for $27/hour. Last year's rate was $25/hour. The City has used this vendor for a number of years. The City has been very satisfied with this vendor. Last year the total mowing expense was less than $2000. I do not believe that we could provide this service with our current equipment and staff for a lesser amount. This company provides excellent customer service and has the right equipment to get the job done fast. I agree with Mr. Palzer's recommendation to renew the lawn maintenance contract with this vendor. I have asked Mr. Palzer to get an additional quote for mowing to make sure that the price we are receiving remains competitive. Mr. Palzer will be available at the meeting to answer any questions in regards to the service that Valley Creek has provided. I , Valley n T E i r d e ts " t �' Q Lawn & Landscape Inca Creek 7060 Valley Creek Plaza 115 -28, Woodbury, MN. 55125 (651) 458-0778 October 12, 1999 City of Centerville 1880 Main Street Centerville, MN 55038 Client Contact Person: Paul Palzer Dear Paul, Thank you for your business this past year. We have enjoyed working with you these past years and look forward to many good years ahead. Due to our expanding business we have updated our contracts. The changes implemented do not affect the service you receive. The service continues to be the same. Please indicate in the Location of Service the parks and areas that are to be included. Enclosed is the new contract for the upcoming season. We have given you the new contract price for the same service that you received this past year. If you would like another quote on extending your service to include any other options, please contact us. Also, note that the price reflects a general increase due to general expense adjustments. The average billing for this past summer was $1917.00. If you have any questions you may contact either Wendi Bertelsen or myself. Wendi is our new Business Manager as of May 1, 1999 and has worked with us for the last ten years. Wendi handles all invoices, contracts and finances. Please return the copy of the contract to us by November 30, 1999 to insure your service for the coming year. if you need time past that date, please let us know. We have only a limited number of contract slots and are filling our slots quickly for the coming year, Thank you again, for your business. Since ly, Jaso ngel Valley Lawn & Landscape Inca Creek 7060 Valley Creek Plaza 115 -28, Woodbury, MN. 55125 (651) 458-0778 LAWN MAINTENANCE CONTRACT BETWEEN CITY OF CENTERVILLE AND VALLEY CREEK LAWN & LANDSCAPE, INC. Client: City of Centerville Location of Service: Client Contact Person: Paul Palzer Contract Effective Dates of Service: MAY 1, 2000 TO OCTOBER 31, 2000 Valley Creek Lawn & Landscape, Inc. shall provide the following services for and on behalf of the client in description as follows. All services shall be performed by Valley Creek Lawn and Landscape, Inc. in a professional and timely manner. WEEKLY LAWN MOWING • Weekly mowing of all areas of grass specified in location list above. Mowing every week or as needed May through September as specified by the client contact person. • Trimming around edges as needed, but no fess than once per month. • Sidewalks and parking areas to be blown off of excess grass cuttings after mowing • All trash and debris to be picked up prior to mowing at locations listed above • Any other areas mowed, other than the locations listed above, will be specified separately per agreement with the client contact person. • Mowing to be done on Monday or Tuesday of each week. • Mowing will be billed at an hourly rate of $27.00 per hour. Lawn Maintenance Contract 2000 Valley Creek Lawn & Landscape, Inc. Page 2 of 3 ADDITIONAL SERVICES • Any other additional services of landscaping or maintenance, not outlined in this contract, will be bid separately with the client contact person specified on this contract. INVOICES & PAYMENTS • Invoices will be mailed on the 1 of each month. • Payments are due on the 15 of each month. In all other cases, the invoice will be due net 15. This applies to additional services not covered in the monthly rate of service. • If payments are not received on the specified due date, Valley Creek Lawn & Landscape Inc. may. at it's sole option and without prior notice, terminate this contract for terms of non - payment. See termination of contract clause. • Payments to be made May 15, 2000 to October 15, 2000. TERMINATION OF CONTRACT Valley Creek Lawn & Landscape Inc. may, at it's sole option and without prior notice, terminate this contract for non - payment over 30 days of invoice date. In all other cases, this contract shall continue in full force and effect until the scheduled effective contract termination date set forth unless either party gives thirty (30) days written notice by certified or registered mail with return receipt requested of its intention to terminate. Receipt of a termination notice by either party shall automatically terminate this contract at the end of the notice period, unless both parties agree in writing to reinstate the contract prior to the effective date of termination. For the purpose of the service of notice of termination for the services listed in this contract, pursuant to the paragraph above, service must be made to Valley Creek Lawn & Landscape, Inc. 7060 Valley Creek Plaza #115 -28, Woodbury, MN 55125. For the purpose of the service of notice of termination to the client, pursuant to the paragraph above, service will be made to The Lawn Maintenance Supervisor, City of Centerville, 1880 Main Street, Centerville, MN 55038. INSURANCE Valley Creek Lawn & Landscape, Inc. represents that it maintains and shall continue to maintain insurance covering its liability under this contract for loss or damage to persons or property from any acts or omissions and arising directly from the provision of service hereunder, subject to the limitations of this contract. Valley Creek Lawn & Landscape, Inc. certifies that it has Worker's Compensation insurance. Lawn Maintenance Contract 2000 Valley Creek Lawn & Landscape, Inc. Page 3 of 3 INDEMNITY The Client shall indemnify and hold harmless Valley Creek Lawn & Landscape, Inc. and any of its directors, officers, shareholders and employees and agents from and against any action or threatened action, suit or proceedings arising out of, or as a result of, the indemnifying part's performance under this contract and against any and all claims, expenses, losses or damages (including reasonable attorney's fees), arising out of the clients willful negligence or willful acts of omission. LEGAL EXPENSES In the event Valley Creek Lawn & Landscape, Inc. commences a lawsuit for the recovery of payments due pursuant to the contract or any other amount due under the provisions of this contract, due to liability, loss, damage, cost, or expense (including reasonable attorney's fees) by reason of any act or omission of client or because of default in the clients performance of any other term or provision of this contract, the client shall pay Valley Creek Lawn & Landscape, Inc. reasonable attorney fees and costs and disbursements associated there with. ADDITIONAL NOTES • No modification to this contract shall be valid unless in writing and signed by both parties. • All work orders and communication must come from the client contact person listed on this contract for the above listed site. Other persons, other than the client contact person, handling any portion of said contract must be authorized in writing by the client contact person to Valley Creek Lawn & Landscape, Inc. • Work shall include all labor, supervision, tools, vehicles, supplies and other services that are necessary to maintain the above contracted services. • Vehicles and equipment will be operated safely and procedures employed shall be according to accepted industry standards. • Work performance shall comply with the Federal Occupational Safety and Health Act. CONTRACT RATE: for MAY 1, 2000 to OCTOBER 31, 2000 $27.00 per hour per mower PLUS APPLICABLE MINNESOTA STATE TAXES (MAY THROUGH OCTOBER). I hereby accept all the terms in the above stated contract as an acting agent for the above stated client. Client, ontact Person Signature Date Valley, eek La $/Landscaping, Inc. Date MEMO DATE : October 22, 1999 TO : Honorable Mayor and Council FROM : Jim March RE : Water Connection for 7289 Mill Road A building permit has been received from a party desiring to build a home at 7289 Mill Road. This lot is on the intersection of Mill Road and Peltier Lake Drive. There is watermain across the street from this property. There is not currently a water service serving this lot. A quote has been received from RO -SO contracting to provide a service to this property. This service would be owned by the City. Mr. Palzer is also soliciting another quote. In addition to the cost of the service the proposed homeowner would also be required to pay a $1300 water connection charge and the cost of connecting from the shutoff to the home. The cost of this item would be attached to the cost of the building permit. If the homeowner is willing to pay for the cost of this service, I would recommend that the Council authorize that this service be allowed. I would like the City Engineer to discuss whether a watermain extension should be considered in this situation. We will discuss this issue at the meeting. r A PROPOSAL r a _ mr 1 RO-SO CONTRACTING INC UtroutortouNo n ...77LITY CaCRACTOAS 7137 201 AVENUE NORTH • CENTEF(VILLE, MN 55038 • PHoNE: 651-429-2669 • Fax: 651-429-0471 City of Centerville DATE 10-20-99 JOON° JOBNAME 1" water service __ ___ Attn: Paul LOCATION Mill Rd. at Peltier Drive QUANTITY DESCRIPTION UNIT EXTENSION _1 FA 1" corp and saddle —.1 . 1 rlirb stop ?ad box ____ ._ . 75. FT 1° K copper includes directional bore TOTAL ___ - $3,575.00 - _ . _ _ , -- NOT APPROVED CITY OF CENTERVILLE PARK AND RECREATION COMMITTEE October 6, 1999 Pursuant to due call and notice thereof, the Park and Recreation Committee of the City of Centerville held their regularly scheduled meeting on October 6, 1999 at City Hall, 1880 Main Street. Chairperson Michael Navin called the meeting to order at 6:35 p.m. Present: Chairperson Michael Navin Dale Larson Steve Brown Karla DeVine Doug Porter (arrived at 6:45) Terry Sweeney (Council liaison) Absent: None Staff Jim March Jill Lien ROLL CALL Mr. Navin conducted the Oath of Office for Ms. Karla Devine. CONSIDERATION OF MINUTES September 1, 1999 Park and Recreation Meeting Minutes Motion by Mr. Larson to approve the September 1, 1999 Park and Recreation Meeting Minutes. Motion seconded by Mr. Porter. All in favor. Motion carried. September 4, 1999 Park and Recreation Meeting Minutes Motion by Mr. Brown to approve the September 4, 1999 Park and Recreation Meeting Minutes with his name added to the attendance. Motion seconded by Ms. DeVine. All in favor. Motion carried. 1 APPEARANCES Mr. Wayne LeBlanc made an appearance before the Park and Recreation Committee regarding the Design Team follow -up visit. Mr. LeBlanc expressed there are residents in Centerville who are always willing to volunteer in any way needed. There were a couple of issues that Mr. LeBlanc wanted to address. The first issue was the property owned by the St. Paul Water Utility across the street from LaMotte Park. Apparently St. Paul Water Utility has leased out the home on the property for another two years and may sell the property when the current contract expires. Mr. Navin confirmed that the Park and Recreation Committee had been watching the property and were waiting on an appraisal when they were notified that it had been put on hold. Mr. Navin expressed that the Park and Recreation Committee will be very interested in the property once it goes back on the market. The second issue Mr. LeBlanc wanted to address was two properties just north of the church on main street. The six -plex and the cottage next to it are for sale for $300,000. Mr. LeBlanc feels this is a key piece of property for the City, and if the City doesn't act on it now, it will loose out on a great opportunity. This piece of property was part of the overall concept of the Design Team visit and is a perfect place to put a pier or gazebo on the lake. It would continue the flow of the Design Team vision. Mr. Navin explained that the owner of the property did approach the City in regards to the City purchasing the property. The Park Dedication Fees will not support a purchase of the property at this time, however, if City Council is willing to appropriate additional funds it would allow for the purchase. The Park and Recreation Committee agree with the concept, and are in favor of the purchase, but cannot pay for it. Mr. Sweeney agreed, questioning if the priority of the Park and Recreation Committee is the current parks in Centerville, or if purchasing this property to go along with the vision of the Design Team is the priority. If the later is the priority, it might take away from the budget approval which the Park and Recreation Committee is currently trying to justify by upgrading the current parks in the City. Mr. March explained there would have to be a feasability study done in order to put a trail all the way around the lake. Main street will need a paved shoulder installed across from the Lakeland Hills development. If a trail is installed going all the way around the lake, the City would have to work with and need help from Anoka County to connect the trail, Anoka County will begin working on the beach and trails in the spring, but will only be connecting the trails in the County Park areas. It will be up to the City to connect to the trail where the County Park area ends. Mr. March also felt that the piece of property may never be able to be developed because of the City's Shoreland Ordinance. Mr. March also explained the appraisal on the two pieces of property came in considerably lower than the asking price. The asking price for the property 2 with the cottage was $15,000 to $20,000 higher than the appraised value, which may explain why Anoka County dropped the issue. Mr. Sweeney stressed that the City will not necessarily lose the property. Through the process of condemnation the City can purchase the property at fair market value at any time. Mr. Navin requested to table this issue until the next meeting. The final issue Mr. LeBlanc wanted to address was the Hugo Trail system. Mr. LeBlanc heard of plans to install a four lane highway from 35E to Hwy. 61. If this is true he would like to see the City connect our future trail system to Hugo during this project. This would be the perfect opportunity to put in a trail system connecting Centerville, Hugo, Forest Lake and beyond. A foot bridge or tunnel would be needed to by -pass 35E. Pracher Property Mr. March explained that a developer by the name of Rick Carlson is in the process of purchasing the Pracher property that is just south of LaMotte Park. The Pracher property isn't scheduled into the MUSA until next year. Mr. Carlson would like to approach the Council and ask if they would be willing to change the date this property is scheduled in the MUSA to one year earlier. Mr. March stated that he didn't feel the Council would be willing to change the date, unless there was some type of benefit for the City. Mr. March suggested that Mr. Carlson donate park equipment or trails, in addition to the park dedication fees he is required to pay. The Council may be more receptive to modifying the Comp Plan. Mr. Carlson was very receptive to this suggestion and was willing to donate additional equipment/trails. The type of homes that will be built in the proposed development will be similar to the homes in Lakeland Hills, or better. Mr. March continued, stating that if Mr. Carlson were to connect a trail to the Anoka County trail system and bring it up the west edge of Centerville Road, then Gor -em could continue the trail to Gerald Rehbein's property. Mr. Rehbein wants to donate some of his property to the City for tax purposes. From Mr. Rehbein's property the trail would go to Ken Carpenter's property. Mr. Carpenter opposes a trail behind his property. His home is behind his business, and he already has concerns about a possible trail. Beyond Mr. Carpenter's property, the trail could run along the Industrial Park and cross 20 Avenue at any point. The larger issue is crossing the interstate. Previously Council was opposed to a Green Way Corridor; however, with the new Council they may be more receptive. Mr. Sweeney mentioned that the Anoka County Highway Department has the bridge going over 35E on their "to do" list. Mr. March suggested that the Park and Recreation Committee send a letter to Lino Lakes and Hugo stating that Centerville would like to see a trail system run across 35E connecting the communities and allowing for future destination points. Mr. LeBlanc volunteered to draft a letter to the appropriate parties, and submit it to Ms. Lien to include in the packet for review at the November meeting. 3 OLD BUSINESS - Update on Acorn Creek Park Mr. Tom Fairbrother (1844 Revoir St.) reported there are 32 volunteers available to assist in setting up the playground equipment at Acorn Creek Park on October 23". Mr. Fairbrother commented the beginning phases are progressing. The grading has been completed, and the ground has been prepared for the equipment, excluding the drilling of the holes for installation. Jumpin Java will be providing breakfast, Corner Express will be providing beverages throughout the day, and lunch will also be provided. Mr. Bill Bisek ran the Twin Cities Marathon with the intent of his pledges being donated to Acorn Creek Park for handicap accessible equipment. All business names who have given donations in support of Mr. Bisek will be placed on a banner. The playground equipment will be delivered on Wednesday, October 20" around 11:00 a.m., and a pre - construction meeting is scheduled for the same day at 7:00 p.m. Mr. Fairbrother mentioned he received a flyer from Larson Landscape and Nursery for trees at a discounted price of $50 each with a two year warranty. The CNN is interested in planting some trees around the playground structure for shade. Mr. Fairbrother also stated that the cement came in $4,000 below the anticipated price. Mr. Fairbrother suggested that Park and Recreation send thank you letters to all those involved. The CNN will provide a list of volunteers. Mr. Fairbrother listed several items that will be needed for installation: First aid kit, orange fencing, move the satellite from the Tracie McBride Park to Acorn Creek Park and call Waste Management for a garbage bin for the plastic, pallets and garbage. Mr. March added that a tree grant of up to $15,000 might be available in the spring. Also, Joe Goetz (Goetz Landscaping) would like to work with NSP again this year for another NSP Tree Grant give -away. Motion by Mr. Larson, seconded by Mr. Porter to expend 5400.00 of Park and Recreation Funds to purchase eight (8) trees at $50 each for Acorn Creek Park. All in favor. Motion carried. State of the Parks Address / Park Priority Lists Mr. Navin commented that the Park and Recreation Committee viewed all of the parks in Centerville on September 4, 1999, to inspect the condition of each park. All of the committee members were asked to prioritize the parks, by writing a list of the parks and what they feel each park needs as far as improvements. By each member compiling a list, this will better justify to the City Council, the request from the Park and Recreation Committee for a $50,000 budget for the year 2000. All lists were turned into Ms. Lien, who will compile the lists into one for the November meeting. 4 Motion by Ms. DeVine to replace the broken toddler swing at the Tracie McBride Park with an infant swing.' Motion seconded by Mr. Porter. Yea's by Ms. DeVine, Mr. Navin, Mr. Porter and Mr. Brown. Nay by-Mr. Larson. Motion carried. Hockey Season - General Discussion Mr. Brown questioned if there have been any ads placed in the local newspaper for ice rink attendants. He will need 5 -6 people to work at the ice rink, and in the past there hasn't been much of a turnout for applicants. If there are enough applicants, he would like to have an interview process, instead of just hiring anyone we can get. Ms. Lien stated that no ads have been run yet, but we can run an ad in the monthly and quarterly City newsletter for rink attendants. The Park and Recreation Committee decided to try to get kids locally for the positions of rink attendants. In addition to placing ads in the monthly and quarterly newsletter, Ms. Lien is to post it on the sign in front of City Hall and place an ad in the Quad. Mr. Brown offered to place a notice at the Centennial Middle School. Ms. Lien questioned if the Park and Recreation Committee wanted to host another Community Skate Night. If so, who will be responsible for coordinating the event? It was the consensus of the Park and Recreation Committee to place an ad in the monthly and quarterly newsletter looking for volunteers to coordinate the Community Skate Night. Mr. Navin requested Ms. Lien remind Public Works to "wack the weeds" after the first frost at the ice rink. NEW BUSINESS Community Bonfire Mr. March explained that on October 23" when the CNN and volunteers are installing the park equipment at Acorn Creek Park, that this would be the perfect time to host the First Annual City wide bonfire. Mr. Paul McDowell of Northern Forest Products has offered a donation of scrap wood to the City. Mr. March continued, adding that the week of October 10th - 16t is the League of Minnesota Cities Week, and this would keep with the flow of promoting the City. Mr. March felt this would be a great opportunity to bring the residents out for a non - alcoholic bonfire. YMCA Ms. DeVine mentioned that she attended the last Design Team visit, and was interested in learning more about the YMCA that is proposing to be built in Lino Lakes. Mr. March explained that Daryl Silverness, who is working with YMCA and Lino Lakes approached him last week. Mr. Silvemess is looking for someone in Centerville to become involved in working with Lino Lakes in establishing events through the YMCA. There could be a discount for residents of Centerville, a teen center for youth and youth activities in the parks. Ms. DeVine offered to be on the 5 committee as a representative of Centerville's Park and Recreation Committee. Ms. DeVine mentioned that the YMCA could possibly use Centerville's ball fields and ice rink for events. This could also create a partnership with Lino Lakes. DISCUSSION ITEMS Available Picnic Tables Ms. Lien explained that the City received a letter from Mike Jacobson of Anoka County Parks and Recreation. Mr. Jacobson is offering 18 used concrete picnic tables. They are in very good condition and are heavy duty. They would be ideal for a setting where the tables would not be moved around much. The tables seat 6 -8 people, and price is negotiable. The Park and Recreation Committee discussed and came to the conclusion that Centerville would not be interested in purchasing any of these tables. Proposed Architectural Program / Rice Chain of Lakes Regional Park Reserve / Centerville Swimming Beach Building Mr. Navin noted receipt of the packet of information from the Anoka County Parks and Recreation Department. Fund Raisers Ms. Lien questioned the Park and Recreation Committee as to whether the committee wants to hold any type of fund raisers to establish more funds in the park dedication account? The park dedication account does get carried over to the next year. The budget does not get carried over into the next year. Does the Committee wish to establish an enterprise fund? Mr. March added, the Council wants to see the funds allocated, or some type of accountability. Mr. Sweeney re- iterated, Park and Recreation wants a budget of 550,000 to set up in an Enterprise account to build up funds for future expenditures. Loren and Lisa Abrahamson (1868 Revoir St.) Mr. Navin explained that he had an opportunity to talk to the Abrahamson's regarding selling part of their property to the City and making it an easement for fishing in the pond behind their house. The Abrahamson's didn't see much benefit to themselves. At this point, the issue was dropped. No further action required. November Agenda Items L Draft letter from Wayne LeBlanc to the Cities of Hugo and Lino Lakes. 2. Budget 2000 (includes compilation of priority park lists). 6 ADJOURN Motion by Mr. Larson, seconded by Mr. Porter to adjourn the October 6',1999 Park and Recreation Committee meeting. All in favor. Motion carried. Meeting adjourned at 8:20 p.m.. Respectfully Submitted, Jill Lien Secretary 7 1 1 'Centerville 18bO Main Street •Centerville, IN 55038 �cta6Cl ked 1857 (651) 429 -_232 • Fax (651) 429 -8627 October 20, 1999 FIELD(Mr.Mrs.) FIELD_(FirstName) FIELD(Last NameLor Current Resident FIELD( Street Address), Fl E L D(City),_ F I E L D(State) F I EL D( Zip Code)_ RE: Past Due Utility Billing AMOUNT DUE : FIELD(Total Amount Due)_ Dear Fl ELD(Mr.Mrs.), FILL D(Last Name): The City's records indicate that your account is 30 days or more past due as of October 20, 1999. The City requests that you pay your outstanding balance prior to November 12, 1999 or the above stated amount will be certified to the Anoka County Auditor and appear on your 2000 Real Estate Tax Statement. Please note, that the City will add a 10% late fee on the outstanding balance (FIELQ(Total Amount Due)), and an additional twenty -five dollar ($25) administrative fee to amounts levied against the parcel at the time of certification (as per Centerville Ordinance #30 - SECTION 17, COLLECTION OF DELINQUENT CHARGES). Please feel free to contact me if you have any questions regarding your account and thank you in advance for your prompt attention to this matter. Sincerely, Teresa D. Bender Deputy Clerk/Treasurer cc: Honorable Mayor and Council OCT 1 4 1999 City of Lexington 4175 Lovell Rd. • Suite 140 • Lexington, MN 55014 • (612) 784-2792 • Fax (612) 785-8951 October 12, 1999 Mayor Tom Wilharber City of Centerville 1880 Main Street Centerville, MN 55014 Dear Mayor Wilharber: At a September 1, meeting of the Tri City Police Joint Powers Task Force, all present voted to approve the Joint Powers Municipal Police Department Contract. A Tri City Police Department budget presentation followed. During the budget discussion the City of Lexington was asked to support a budget that exceeded the budget agreed upon ten minutes previously and to contribute an amount in excess of the phase -in formula also agreed upon in the contract. The City was to set its preliminary budget the next evening. The proposed increases were perplexing, because the City had been putting together its budget for sometime, based on previous formulas and expectations. This new request was particularly frustrating, based on the City's commitment to the department as a result of the commissions appeal to provide critical space for several police department functions, including evidence handling and storage. Attached you will find a breakdown of costs the City of Lexington has incurred to retrofit a Lovell Building suite for use by the department. These costs were not included in our 1999 budget, so I don't have to explain how major adjustments had to be made. Please note the yearly loss of revenue as a result of our generous rent stipulation. With these factors in mind the Lexington City Council and I cannot commit any additional funds over and above those that were included in the Lexington 2000 budget, as delineated in section six of the contract. I would hope that you understand Lexington's dilemma and that we can remain strong partners in support of the Circle Pines/Lexington /Centerville Police Department. Sincerely, • CITY OF LEXINGTON Dot Heifort Mayor cc: James W Keinath Jim March ✓ Mady Reiter Joel Heclanan Mike Pitchford Donald Anderson cosburn99(financc) 1