HomeMy WebLinkAboutCC Agenda 9-22-10CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA September 22, 2010 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS
____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ C. PRESENTATIONS: D. APPROVAL OF MINUTES: September 8, 2010 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements
through 9/14/10: $107,178.26 Payroll through 9/15/10: $14,359.93 2. City License Application 3. Approve Donations to Park and Recreation Fund 4. Approval of Mayor Lindstrom Travel to
NATOA Conference 5. Close the 1999 NE Quadrant Street Bond Debt Service Fund G: POLICY ITEMS: 1. Recycling Services Contract 2. Dangerous Dog Ordinance Amendments H. INFORMATION/ANNOUNCEMENTS:
I. COMMUNITY FORUM: J. ADJOURNMENT: ??
CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA September 8, 2010 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM _X_ HARRIS
_X_ GOSLINE _X_ LONG _X_ MERCER-TAYLOR _X_ MILLER _X_ C. PRESENTATIONS: D. APPROVAL OF MINUTES: August 25, 2010 Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: Chuck Long Moved 1. General
Disbursements through 8/31/10: $70,069.53 Approval 5-0 Payroll through 8/31/10: $15,195.31 2. PASS Alarm Replacements 3. Participation in “Be Active! Be Green!” Recycling Container Project
4. Appointment of Luke Mielke to Parks and Recreation Commission 5. Office Assistant Appointment 6. Approve Agreement No. PW 2010-20: Ramsey County Cooperative Agreement with Cities
of Roseville, Falcon Heights and St. Paul G: POLICY ITEMS: 1. Snow and Ice Removal Abatement Ordinance Pam Harris Moved Approval 5-0 2. Ordinances and Rezonings Implementing the Keith
Gosline Comprehensive Plan Moved Approval 5-0 3. Setting of Preliminary 2011 Property Tax Levy and Pam Harris Moved Budget Hearing Date Approval 5-0 ADDENDUM: 1. Approval of Mayor Lindstrom’s
Acceptance of Pam Harris Moved University of Minnesota Football Tickets Approval 4-0
(Peter Lindstorm abstained) H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 7:55p.m.
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date September 22, 2010 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted
By Roland Olson, Finance Director The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 9/14/10: $107,178.26 Payroll through 9/15/10:
$14,359.93 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll.
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date September 22, 2010 Agenda Item Consent F2 Attachment N/A Submitted By Michelle Tesser, Assistant
to the City Administrator The City That Soars! Item City License Applications Description The following individuals have applied for a Tree Contractor’s License for 2010. Staff has received
the necessary documents for licensure. 1. Season Pro Tree Care N/A Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2010 City License
Applications.
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date September 22, 2010 Agenda Item Consent F3 Attachment N/A Submitted By Michelle Tesser, Assistant
to the City Administrator The City That Soars! Item Approve Donations to Park and Recreation Fund Description The following donations were received in July and August: 1. Commonwealth
Terrace Cooperative $200.00 2. Personal Fitness System Inc. $50.00 3. Premier Chiropractic $50.00 N/A Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City
Council accept said donations.
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date September 22, 2010 Agenda Item Consent F4 Attachment Submitted By Justin Miller, City Administrator
The City That Soars! Item Approval of Mayor Lindstrom Travel to NATOA Conference Description Earlier this year Mayor Lindstrom was appointed by Governor Pawlenty to the State of Minnesota
Broadband Advisory Taskforce. The task force will track the state's progress in attaining the goals for broadband established by the legislature during the 2010 session. The goals include
the requirement that Minnesota be in the top five states nationally for broadband speed universally available and the top five states for broadband access. The North Suburban Cable Commission,
the city’s public and cable access provider, has a vested interest in this initiative and has offered to send Mayor Lindstrom to the National Association of Telecommunication Officers
and Advisors (NATOA) conference in Washington, D.C. Per the city’s out-of-state travel policy, prior approval is required for elected officials travel. Budget Impact The North Suburban
Cable Commission will be paying the costs associated with this conference. Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve Mayor Lindstrom’s
travel to the NATOA annual conference from September 27 – September 28, 2010.
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date Sept 22, 2010 Agenda Item Consent F5 Attachment Submitted By Roland Olson, Finance Director
The City That Soars! Item Close the 1999 NE Quadrant Street Bond Debt Service Fund Description The last payment of principal and interest on the 1999 NE Quadrant street bond was made
earlier this year. Staff recommends closing this debt service fund effective December 31, 2010 and transferring any positive balance back to the Infrastructure Fund from which funds
were transferred for debt service. It is currently estimated that there will be a small positive balance to transfer. If in the case a negative balance occurs, staff recommends that
this amount be transferred from the Infrastructure Fund to cover the deficit before the fund is closed. Budget Impact Close the 1999 NE Quadrant Street Bond fund. Attachment(s) NA Action(s)
Requested Staff recommends closing the 1999 NE Quadrant Street Bond fund and transferring any remaining positive balance to the Infrastructure Fund. In the case of a deficit balance,
staff recommends transferring the necessary amount from the Infrastructure Fund to cover the deficit and then close the fund.
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date September 22, 2010 Agenda Item Policy G1 Attachment Single Stream Recycling Collection Contract
Submitted By Justin Miller, City Administrator The City That Soars! Item Recycling Services Contract Description For the past several months, the city council and environment commission
have been reviewing proposals for recycling collection services. The city’s current contract with Waste Management concludes at the end of 2010, and earlier this summer requests for
proposals (RFPs) were sent to area refuse and recycling haulers. Three companies responded, and at the August 25th city council meeting Tennis Sanitation was selected as the preferred
vendor. The attached contract spells out the terms of the agreement, which were spelled out in detail through their proposal. Key points of the agreement include: ? Pickup will be “single
stream”, meaning that residents will no longer be required to sort materials into two categories. Tennis Sanitation will provide 65 gallon carts to each household and recyclable material
will be placed into one cart. ? Collection will now be weekly instead of every other week. This will eliminate the need to remember which week is recycling pickup week. ? Tennis will
collect materials at Winterfest, the Ice Cream Social, and the Falcon Heights/Lauderdale 5K. ? Tennis will have a dispatch customer service representative on duty Monday-Friday from
8:00 am – 4:30 pm to handle customer requests. ? The contract length is three years (2011-2013) with two, one-year extensions available if agreed upon by both parties. ? The rate charged
to the city will be $3.00/household. The rate is not subject to annual adjustments. Once the contract is approved, city staff and representatives from Tennis Sanitation will begin discussions
on cart delivery and resident education. Budget Impact The new contract includes a rate increase (the previous contract’s rate had been locked in for at least five years). The actual
rate charged to residents will be discussed during a future budget workshop. Attachment(s) Single Stream Recycling Collection Contract
Action(s) Requested Staff recommends that the Falcon Heights City Council approve the attached Single Stream Recycling Collection Contract.
SINGLE STREAM RECYCLING COLLECTION AGREEMENT AGREEMENT dated __________________, 2010, by and between the CITY OF FALCON HEIGHTS, a Minnesota municipal corporation (“City”), and TENNIS
SANITATION, LLC, a Minnesota Limited Liability Company (the “Contractor”). RECITALS A. The Contractor desires to provide single stream recycling collection services to residents of the
City of Falcon Heights. B. The City desires to provide these services for the health, safety and welfare of its residents. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the
contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Addendum #1 to the City of Falcon Heights Request for Proposals (RFP) for recycling
collection services dated June 22, 2010. C. Request for Proposals (RFP) for Recycling Services June 4, 2010. D. Tennis Sanitation, LLC Proposal for the City of Falcon Heights, MN for
Recycling Collection Services including Appendix A-K, inclusive. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall
control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “D” having the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The
Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 153721v02 RNK:r09/10/2010 1
3. DEFINITIONS. A. City Facility Means City Hall. B. Missed Collection: Means the failure of the Contractor to provide recycling collection service to a SFD, MFD, the City Facility,
or designated Community Event during collection hours on the scheduled collection day. C. Multi-Family Dwelling (MFD): Means a building containing more than four (4) dwelling units.
D. Recyclable Materials or Recyclables: Means all items of refuse designated by the Ramsey County Environmental Services to be part of an authorized recycling program and which are intended
for transportation, processing, and re-manufacturing or reuse and include the following: Textiles: • Clothes • Shoes and Boots Paper and Corrugate: • Egg cartons, Milk cartons • Corrugated
Cardboard – (No collapsing of cardboards will be required) • News and Office Papers • Magazines, Junk Mail and Paper Food Boxes • Coated Magazines and Catalogs • Phone Books, Paper Backs,
TV Guides, Comic Books, Readers Digest Covers, Flyers and Brown Paper • The 4 C’s: Cereal, Cake Mix, Chip and Cracker Boxes • Pop, Beer and Tissue Boxes Plastic #1 through #5: • All
Plastic with a Recycle Symbol of 1 through 5 • All Plastic Containers that Shrubs, Flowers and Trees come in • Plastic Tubs (Yogurt, Sour Cream, etc.) • Plastic Toys • Motor Oil Bottles
(That have been drained) Glass: • All Food, Beverage and Jams Glass Bottles (Clear, Brown and Green) Metals: • Aerosol Cans • Scrap Metal in Household quantities (Silverware, Hangers,
Pots, Pans, Etc.) • All beverage cans that are aluminum • All Food and Beverage cans and other cans that are Steel (Tin, Aluminum, Bi-metal) Other: • Car and Truck Batteries • Other
materials agreed upon by the City and Contractor 153721v02 RNK:r09/10/2010 2
E. Single-Family Dwelling (SFD): A building containing up to four (4) dwelling units. F. Single Stream Recycling Collection Service: Residents will be instructed to commingle all recyclable
materials in one container that will be picked up weekly by Contractor. Contractor will pick up all recyclable material placed in and next to recycling containers. 4. CONTRACTOR’S COLLECTION
REQUIREMENTS. A. Recycling Collection Program. The Contractor shall collect recyclable materials from all single family dwellings, multi-family dwellings, and the City Facility weekly
using a single stream collection service. The Contractor shall also collect recyclable materials from designated community events. B. Multi-Family Dwelling (MFD) Collection Requirements.
In addition to the other requirement set forth herein applicable to all recycling, the following additional collection requirements are for MFD Recycling Services only and do not pertain
to single family dwelling Collection services. 1) MFD Recycling Stations. MFD Recycling Stations will be specified with agreement of the MFD building owner and the Contractor on a case-by-case
basis. MFD Recycling Stations will likely be a cluster of recycling carts and/or recycling dumpsters. The number and location of MFD Recycling Stations shall be adequate to be reasonably
convenient and accessible to all MFD residents. MFD Recycling Stations shall be located on the MFD premises which permits access to the MFD Recycling Containers for Collection purposes
but which does not obstruct pedestrian or vehicular traffic and shall comply with the City’s zoning and other ordinances. 2) MFD Service Standards. MFD recyclables Collection services
shall be available on the premises and shall be provided on a regularly scheduled basis of at least once per week. The Collection schedule and recycling containers’ capacity shall provide
for regular removal of the recyclables such that there is adequate storage capacity available in the recycling containers to avoid overflowing containers. 3) MFD Recycling Container
Requirements. The recycling containers shall be: a. Sufficient in number and size to meet the demands for recycling services created by the occupants. b. Equipped with hinged lids. c.
Equipped with standardized labels identifying the type of recyclable material to be deposited in each container. d. Colored differently from other containers used for garbage Collection.
e. Maintained in proper operating condition and reasonably clean and sanitary. 153721v02 RNK:r09/10/2010 3
f. Repaired or replaced on a reasonable schedule if stolen or broken. C. Community Event Recycling. Contractor shall collect recyclables at the following annual community events: ? Winter
Fest in January ? Ice Cream Social in July ? Falcon Heights/Lauderdale Family 5K in August D. Collection Hours and Days. Collections must begin no sooner than 7 a.m. and shall be complete
by 7 p.m. on scheduled collection days. The Contractor may request City authorization of exceptions to these time restrictions. The Contractor must request such exception from the City’s
Designated Contact Person via telephone or email, prior to the requested Collection event and specify the date, time and reason for the exception. E. Holidays. Collection of recycling
materials is prohibited on holidays. Holidays refers to any of the following: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other
holidays mutually agreed to by the City and Contractor. In no instance will there be more than one holiday during a Collection week. When the scheduled collection day falls on a holiday,
collection for that day will be collected one day later. The Contractor shall publish a yearly calendar including alternate Collection days, with assistance from the City. F. Weighing
of Loads and Reporting Requirements: The Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver’s identification, vehicle
number, rate and gross weight, net weight and number of route stops for each loaded vehicle. A detailed monthly report shall be provided to the City that identifies total tonnage activity
by commodity. This report should include all curbside and municipal recycling activity. G. Recycle Cart Purchase and Delivery: The Contractor agrees to, at its expense, purchase, deliver,
service, repair, and maintain sufficient cart inventory to meet supply and demand needs for the City of Falcon Heights Recycling. 1) The Contractor shall initially deliver one 65-gallon
wheeled cart to each single family residential dwelling and have a sufficient inventory of 30-gallon and 90-gallon carts available for delivery and switch-out with the 65-gallon carts
per resident/customer request. The standard 65-gallon cart shall be approximately 26” X 26” X 41” in dimension, and be smooth for ease in cleaning. The cart shall be uniform and consistent
in color and approved instruction label imbedded into each lid, so as to be easily identified by the resident/customer and the Contractor driver as the container for recyclable materials.
2) The Contractor shall provide for use for multiple family dwellings (MFD) and the City Facility, suitable carts, bins, dumpsters or other receptacle for temporary storage and aggregation
of designated recyclables. Such recycling containers must be separate, explicitly labeled as to recyclables included, and colored differently from other containers for mixed solid waste
or trash. 153721v02 RNK:r09/10/2010 4
H. Recycling Cart Maintenance/Replacement. The driver is required to report to the Contractor the location of any cart that is damaged. The Contractor is required to notify the Recycling
Coordinator by fax/email of any driver report of cart damage. The Recycling Coordinator will notify the Contractor by fax/email of any cart damage or request for change of cart size
that is reported/requested to them by customers/residents. Any damaged cart or cart request will be repaired or replaced by the Contractor within two (2) week of the report. I. Point
of Collection: Most residential recycling collection will occur at the same location from where the regular refuse is collected, generally the alleys where they exist and street curbside
in other areas. Carts shall be placed with the handle toward the house and lid opening toward the street or alley. The driver is required to place the emptied cart back/down in the same
location as set by resident. J. Ownership of Recyclable Materials: All recyclable materials for collection shall remain the responsibility and in the ownership of the occupant of the
resident or municipal location until handled for collection by the Contractor. At the point of collection the recyclable materials become the property of the Contractor. Any person or
persons taking recyclable materials from a curbside container without explicit permission of the resident or municipality will be in violation of local ordinance and subject to penalty.
The Contractor shall report to the Recycling Coordinator any instances of suspected scavenging or unauthorized removal of recyclable materials from any collection container. K. Route
Management and Customer Service: The Contractor shall, at all times, provide the City’s Recycling Coordinator with a lead route/driver supervisor who is accessible to the Contractor
dispatch department via two way communications and to the Recycling Coordinator to handle route and collection issues in a timely fashion. The Contractor shall have on duty Monday through
Friday from 8:00 a.m. to 4:30 p.m. a dispatch customer service representative to receive customer calls and route issues. The Contractor shall provide a 24 hour answering service line
or device to receive customer calls. The Route Supervisor and all collection vehicles must be equipped with 2-way communication devices. L. Procedure for Unacceptable Materials, Materials
Outside Cart and Unreachable Carts: If the Contractor determines that a resident has set out unacceptable recyclable materials, left recyclable materials outside of the cart, or has
positioned the cart so that it is unreachable with the mechanical arm, the Contractor shall use the following procedures: 1) The Contractor shall collect all the recyclable materials
and leave an “education tag” provided by the Contractor attached to the handle of the recycling container indicating acceptable materials, the proper method of preparation and the proper
placement of the cart. 2) The driver shall record the address and report the addresses to the Contractor dispatcher, who will notify the City’s Recycling Coordinator of the addresses
no later than noon the following day. 153721v02 RNK:r09/10/2010 5
M. Procedure for Complaints-Questions-Missed Collections. A complaint of service or missed collection is a complaint received by the Contractor from either the customer or the Administration
Office. If the report is for a missed stop and is received by the Contractor before 11:00 a.m. on a scheduled working day, the Contractor is required to return to the complaint address
and complete the collection. If the report is registered after 11:00 a.m. on a scheduled working day, the Contractor is required to return to the complaint address by 12:00 noon the
following working day. N. Clean up Responsibilities: The Contractor shall adequately clean up any recyclable material spilled or blown during the course of collection and/or hauling
operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. The Contractor shall have no responsibility to
remove or clean up any items, which are not recyclable materials. O. Non-Completion of Collection and Extension of Collection Hours: The Contractor shall inform the City of the areas
not completed, the reason for non-completion, and the expected time of completion. P. Vehicle Requirements: 1. The Contractor must obtain all pertinent licenses from the Federal, State
and County and City governments. An annual report/update on licensing shall be submitted. The Contractor shall provide proof of current licensing and current MnDOT vehicle inspection
reports upon request by the City, and on an annual basis. 2. All vehicles must be maintained in proper working condition and available for inspection by the City or County. The Contractor
shall supply the City with copies of annual inspections on all vehicles per MnDot requirements. 3. Vehicles should be equipped with a two-way radio or phone, warning flashers and signs,
backup alarms, a first aid kit and a broom and shovel for spills, and the contractor’s name and phone number prominently displayed on both sides of the vehicle. 4. Recycling vehicles
must be designated for recyclables collection only. All such vehicles must be clearly signed on both sides as recycling collection vehicles. 5. Vehicles must be kept in good operating
condition, comply with all State inspection requirements, and be kept neat in appearance. Generally this shall mean washed and painted regularly. 6. In the event that a vehicle other
than the type specified in the proposal is to be used, the contractor is required to notify the City as soon as possible prior to collection. Q. Collection Vehicle Equipment Requirements:
Each collection vehicle shall be equipped with the following: 1) A two way communication system. 153721v02 RNK:r09/10/2010 6
2) A first aid kit. 3) An approved 2A10BC dry chemical fire extinguisher. 4) Warning flashers. 5) Overhead strobe light. 6) “Reverse” audio warning alarm to indicate movement in reverse.
7) Signs on the rear of the vehicle which state “This Vehicle Makes Frequent Stops.” 8) A rear mounted video camera and cab monitor/screen to view operations occurring at the rear of
the vehicle. 9) Hazard flares and cones. 10) A broom and a shovel for cleaning up spills. 11) “Absorb” pillows or dry product adequate to absorb/contain any oil/liquid spill from collection
vehicle. All required equipment must be in proper working order at all times. All vehicles must be maintained in proper working order and be clean and free from odor as much as possible.
All collection vehicles shall be uniformly painted and the paint shall be in good condition. The Contractor’s name shall be clearly visible from all sides of the vehicle, along with
the Contractor’s phone number, the Recycling symbol, and the vehicle ID number. R. Driver Duties and Responsibilities: The Contractor shall be responsible for ensuring that there is
sufficient personnel and equipment to fulfill the requirements and specifications of this contract proposal, and that all personnel are trained both in program operations and in customer
service and insure that all personnel maintain a positive attitude with the public and in the work place and shall: 1) Conduct themselves at all times in a courteous manner and use no
abusive or foul language. 2) Be clean and presentable in appearance, as so far as possible. 3) Wear a uniform and employee identification badge or name tag. 4) Drive in a safe and considerate
manner. 5) Manage carts in a careful manner, setting them back in place so as to avoid spillage and littering or damage to container. 6) Perform their work in a neat and quiet manner,
monitor for any spillage and be responsible for cleaning up any litter or breakage spilled in collection and hauling operations. 7) Record all addresses that could not be collected and
reasons, turn list into dispatch at end of each collection day and copies sent to Recycling Coordinator. 8) Attach an education tab to the container identifying problems and how to resolve
them. 9) Collect and transport recyclable materials according to all existing laws and ordinances, and future amendments thereto, of the State of Minnesota and local governing bodies.
10) Report all damage to property. 5. CONTRACT LENGTH. This contract shall commence January 1, 2011 and shall be for three (3) years ending December 31, 2013. By mutual written agreement
of the Parties this Agreement may 153721v02 RNK:r09/10/2010 7
be extended for a period not to exceed two years subject to such amendments as the parties may agree upon. 6. RATE. The City will pay the Contractor and the Contractor will accept as
payment for all services and goods rendered under the Contract Documents $3.00 per single family and multi-family dwelling unit per month. There shall be no charge for the City Facility
and Community Events. The rate is not subject to annual adjustments. 7. PAYMENT. The City will pay the contractor within thirty (30) of receipts of a properly itemized invoice. 8. PROMPT
PAYMENT TO SUBCONTRACTORS. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the
City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to the subcontractor on any undisputed amount
not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00,
the Contractor shall pay the actual penalty due to the subcontractor. 9. PENALTY CLAUSE. The City shall impose a $100.00 per day penalty for violations in the terms of the agreement.
The City shall inform the Contractor of the violation and allow the Contractor one working day to correct the violation. If the violation is not resolved to the satisfaction of the City,
the penalty shall be subtracted from the City’s monthly payment. 10. DEFAULT. Any of the following occurrences, conditions, or acts shall be deemed a “Default” under this Agreement:
A. If either party fails to observe or perform its obligations under this Agreement and does not cure such failure within ten (10) days from its receipt of written notice of breach without,
however, limiting any other rights available to parties pursuant to any other provisions of this Agreement. B. Except as expressly limited hereby, City and Contractor shall have such
remedies remedies for the default of the other party hereto as may be provided at law or equity following written notice of such default and failure to cure the same within ten (10)
days. 11. TERMINATION. Except as otherwise provided herein, this Agreement may be terminated without any penalty or further liability as follows: A. Upon ten (10) days written notice
in the event of a default
(as defined above); B. Upon ninety (90) days written notice by Contractor, if Contractor is unable to obtain or maintain any license, permit or other governmental approval necessary
to the operation of the Contractor’s business; 153721v02 RNK:r09/10/2010 8
C. Upon ninety (90) days written notice by City if it determines that Contractor has failed to comply with applicable ordinances, or state or federal law, or any conditions attached
to governmental approvals granted thereunder, after a public hearing before the City’s Council. 12. TAXES. Contractor shall pay any taxes, of any nature, due, owing or levied in association
with its services pursuant to this Agreement. 13. INSURANCE. Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota.
The Contractor shall maintain insurance in the amounts shown below during the entire term of the project. The City shall be named as an additional insured on the comprehensive general
liability policy and certificates of said insurance shall be provided to the City before any work on this project may commence. The Contractor shall not allow any subcontractor to commence
work until all insurance has been obtained and copies have been filed and accepted by the City. All policies shall provide that the coverage may not be terminated or changed by the insurer
except upon 30 days written notice to the City Administrator. None of the insurance policies shall contain any provisions for exclusions from liability other than those provisions for
exclusion from liability which form part of the standard basic unamended and unendorsed form of a policy, except that no exclusion shall be permitted if it conflicts with a coverage
expressly required in this Agreement, and in addition, no policy shall contain any exclusion from bodily injury to, or sickness, disease, or death of any coverage under the contractual
liability endorsement of the liability of the Contractor under this Agreement. The Contractor and its sub-contractors shall secure and maintain the following insurance: Workers Compensation
Insurance Workers Compensation insurance shall meet the statutory obligations with Coverage B -Employers Liability limits of at least $100,000 each accident, $500,000 disease -policy
limit and $100,000 disease each employee. Commercial General Liability Insurance Commercial General Liability insurance shall be at the limits of at least $2,000,000 general aggregate,
$2,000,000 personal and advertising injury, $2,000,000 each occurrence, $50,000 fire damage and $1,000 medical expense any one person. The policy shall be on an "occurrence" basis, shall
include contractual liability coverage and the City shall be named an additional insured. This insurance shall include up to $10,000 expenses to extract pollutants from land or water
at the “premises” if the discharge, dispersal, seepage, migration, release, escape or emission of the pollutants is caused by or results from a covered cause of loss. Commercial Automobile
Liability Insurance Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident. This insurance shall
include a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. 153721v02 RNK:r09/10/2010 9
Environmental Liability Insurance The Contractor agrees that they shall obtain and maintain environmental liability insurance in compliance with local, state and federal regulations
for all matters related to in this recycling services agreement. Contractor shall add the City as an additional insured under said insurance policy(s). The policy coverage shall include
Environmental Impairment Liability. Contractor shall provide the City with appropriate documentation of said environmental liability insurance for verification upon written request from
the City. The Contractor further indemnifies the City, its employees, agents and licensees from all liability related to hazardous contamination/pollution resulting from the acts of
the Contractor, its employees or agents. 14. PERFORMANCE AND PAYMENT BOND. Within fifteen (15) calendar days after the execution of this agreement and before any work or services are
rendered, the Contractor shall furnish the City a performance bond and a payment bond, pursuant to Minnesota Statutes §574.26, each in the amount of $70,000.00. 15. INDEMNIFICATION.
Contractor agrees to defend, indemnify and hold harmless City and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs,
losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation, which may be asserted against or incurred by
City or for which City may be liable in the performance of this Agreement, except those which arise solely from the negligence, willful misconduct, or other fault of City. Contractor
shall defend the City against all claims arising out of the performance of this Agreement. 16. NOTICES. All notices, requests, demands and other communications hereunder shall be in
writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: If to City, to:
City of Falcon Heights 2077 W. Larpenteur Avenue Falcon Heights, MN 55113 (651) 792-7600 If to Contractor, to: Tennis Sanitation, LLC 720 4th Street St. Paul Park, MN 55071 17. SUCCESSORS
AND ASSIGNS. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 18. MISCELLANEOUS. A. If
the City is a prevailing party in any litigation arising hereunder the City shall be entitled to its reasonable attorneys’ fees and court costs, including appeals, if any. B. This Agreement
constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. These are no representations or 153721v02 RNK:r09/10/2010
10
understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. C. This Agreement shall be construed in accordance
with the laws of the State of Minnesota. Venue of any action shall be in the Ramsey County. D. If any term of this Agreement is found to be void or invalid, such invalidity shall not
affect the remaining terms of this Agreement, which shall remain in full force and effect. E. Nothing herein contained is intended or should be construed in any manner as creating or
establishing the relationship of co-partners between the parties hereto or as constituting the Contractor as the agent, representative or employee of the City for any purpose or in any
manner whatsoever. The Contractor is to be and shall remain an independent contractor with respect to all services performed under this contract. Any and all personnel of the Contractor
or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation,
claims of discrimination against the Contractor, its officers, agents, contractors or employees shall in no way be the responsibility of the City; and the Contractor shall defend, indemnify
and hold the City, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court.
Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure
rights, medical and hospital care, sick and vacation leave, Workers’ Compensation, Unemployment Compensation, disability, severance pay and PERA. F. Neither party shall assign the executed
contract, or any interest arising therein, without the written consent of the other party. G. No claim for services furnished by the Contractor not specifically provided for herein shall
be honored by the City. This includes but is not limited to the cost to transfer materials collected to a disposal site. 153721v02 RNK:r09/10/2010 11
153721v02 RNK:r09/10/2010 12 H. Data Practices. Contractor their officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality,
and as any of the same may be amended. If Contractor creates, collects, receives, stores, use, maintains or disseminates data because they perform functions of the City pursuant to this
Agreement, then Contractor must comply with the requirements of the MGDPA as if they were government entities, and may be held liable under the MGDPA for noncompliance. Contractor agree
to defend, indemnify and hold harmless the City, its officials, officers, agents, employees, and volunteers from any claims resulting from Contractor’s officers’, agents’, owners’, partners’,
employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure disclosure and/or use of such protected data, or other noncompliance with the requirements of this section.
Contractor agrees to promptly notify the City if they become aware of any potential claims, or facts giving rise to such, under the MGDPA. The terms of this section shall survive the
cancellation or termination of this Agreement. SIGNED BY THE PARTIES ON THE EXECUTION DATE SPECIFIED ON PAGE 1. CITY: CONTRACTOR: CITY OF FALCON HEIGHTS TENNIS SANITATION, LLC BY:____________________
_______ BY:____________________________ Peter Lindstrom, Mayor Its: _________________________ AND ___________________________ Justin Miller, City Administrator
REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ Meeting Date September 22, 2010 Agenda Item Policy G2 Attachment Ordinance 10-08 Submitted By Justin Miller,
City Administrator The City That Soars! Item Dangerous Dog Ordinance Amendments Description Earlier this year, in response to an incident that recently occurred, the city council reviewed
the City of Falcon Heights’ dangerous dog ordinance. The city’s current code is fairly vague, and therefore the city has relied on state statutes to enforce dangerous dog incidents.
The attached ordinance addresses two areas – potentially dangerous dogs and dangerous dogs. Each has similar, but distinctly different, requirements and protocols: Potentially Dangerous
Dogs (Section 10-30) ? Slightly less of a threat than dangerous dogs ? Notice provided to owner if determination is made ? Designation can be appealed to hearing officer (impartial city
employee or person retained by the city) ? Requirements include: o Microchip identification identification o Written notice to city if animal is relocated o If kept outdoors, must be
restrained by leash six feet or less in length o Violations of restraint requirements result in fine of $250 ? Potentially dangerous designation can be reviewed after six months Dangerous
Dogs (Section 10-31) ? Notice provided to owner if determination is made ? Designation can be appealed to hearing officer (impartial city employee or person retained by the city) ? Requirements
include: o Proper enclosure, muzzle or leash not more than six feet in length o Microchip identification o Written notice to city if animal is relocated o Prominent signage on property
o Register dog annually with the city o ID tag on collar denoting dangerous dog designation
o Cause the dog to be sterilized within 30 days o Provide city written notice of dog’s death, if applicable o Obtain a surety bond in the amount of at least $300,000 payable to anybody
injured by the dangerous dog ? Potentially dangerous designation can be reviewed after six months Budget Impact N/A Attachment(s) Ordinance 10-08 Action(s) Requested Staff recommends
that the Falcon Heights City Council adopt the attached ordinance 10-08 amending chapter 10 of the Falcon Heights City Code concerning dangerous and potentially dangerous dogs.
ORDINANCE NO. 10-08 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 10 OF THE FALCON HEIGHTS CITY CODE CONCERNING DANGEROUS AND POTENTIALLY DANGEROUS DOGS
THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Section 10-1 of the Falcon Heights City Code is amended by adding the following definitions: ANIMAL CONTROL AUTHORITY:
The City of Falcon Heights. GREAT BODILY HARM: Bodily injury which creates a probability of death, or which causes permanent disfigurement, or which causes a permanent or protracted
loss or impairment of the function of any bodily member or organ or other serious bodily harm. . PROPER ENCLOSURE: Securely confined indoors or in a securely enclosed and locked pen
or structure suitable to prevent the dog from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house,
garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles
that prevent the dog from exiting. PROVOCATION: An act that an adult could reasonably expect may cause a dog to attack or bite. SUBSTANTIAL BODILY HARM: Bodily injury which involves
a temporary disfigurement, or which causes a temporary loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member. SECTION 2. Chapter
10 of the Falcon Heights City Code is amended by adding Article III to provide as follows: ARTICLE III. DANGEROUS AND POTENTIALLY DANGEROUS DOGS 10-30. Regulations Regarding Potentially
Dangerous Dogs. 152329v02 RNK:r07/12/2010 1
(a) Determination of potentially dangerous dog. A City animal control officer or other law enforcement official shall determine that a dog is a potentially dangerous dog if the officer
believes, based upon the officer's professional judgment, that a dog: (1) When unprovoked, inflicts bites on a human or domestic animal on public or private property; or (2) When unprovoked,
chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the dog owner's property, in an apparent attitude
of attack; or (3) Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. (b) Notice
of potentially dangerous dog. Upon a determination by the animal control authority or law enforcement official that a dog is potentially dangerous, the City shall provide a Notice of
Potentially Dangerous Dog to the owner of record, or if none, any owner of such dog by personally serving the owner or a person of suitable age at the residence of such owner. Service
upon any owner shall be effective as to all owners. The notice shall include the following: (1) A description of the dog deemed to be potentially dangerous; (2) The factual basis for
that determination; (3) The identity of officer who has made the determination; (4) An order that the owner have a microchip implanted in the dog for identification and provide the City
animal control authority with the name of the microchip manufacturer and the serial identification number of the microchip implanted within 30 days of the date of service; (5) An order
that the owner provide the City animal control authority with written notice of any relocation of the dog from its current residence, providing any new owner’s full name, address, daytime
and evening telephone numbers and the relocation address at least ten (10) days prior to any such relocation or new ownership; and (6) The criminal penalties for violation of the requirements
pertaining to potentially dangerous dogs. (c) Appeal of the potentially dangerous dog designation. Within fourteen (14) days after receipt of the Notice of a Potentially Dangerous Dog
any owner may request an appeal of that determination by completing and serving upon the City animal control authority a Request for Appeal of a Potentially Dangerous Dog Designation
on the form provided along with the notice, including at a minimum the following information: (1) The full name, address, daytime and evening telephone numbers of the person requesting
an appeal; (2) The full name and address of all of the dog’s owners; (3) The ownership interest of the person requesting the appeal; (4) The names of any witnesses to be called at the
hearing; (5) A list and copies of all exhibits to be presented at the hearing; and 152329v02 RNK:r07/12/2010 2
(6) A summary statement as to why the dog should not be declared potentially dangerous. Failure to timely submit a completed Request for Appeal shall be deemed a waiver of the right
to appeal and consent to the designation of the dog as potentially dangerous. (d) Hearing procedure. The owner of a potentially dangerous dog has the right to a hearing by an impartial
hearing officer, who shall be either an impartial employee of the City or an impartial person retained by the City to conduct the hearing. (1) Within fourteen (14) days after receipt
of the Request for Appeal, the hearing officer shall hold a hearing on the request to determine the validity of the potentially dangerous dog designation. (2) The hearing shall be held
at a place to be determined by the animal control authority during the City’s normal business hours. (3) At the hearing, the parties shall have the opportunity to present evidence in
the form of exhibits and testimony. Each party may question the other party’s witnesses. The strict rules of evidence do not apply and the records of the animal control officer or law
enforcement official are admissible without further foundation. Objections as to the evidence presented can be made on the basis of the evidence being incompetent, irrelevant, immaterial
or unduly repetitious. The hearing examiner shall admit and give probative weight to evidence, including reliable hearsay evidence, which possesses probative value commonly accepted
by reasonable and prudent persons in the conduct of their affairs. The order of proof shall follow the burden of proof with the initial burden upon the City animal control authority
to demonstrate by a preponderance of the evidence that the animal is potentially dangerous. The hearing shall be tape recorded and a full record of the hearing shall be kept by the hearing
examiner. (4) Within ten (10) days of the conclusion of the hearing, the hearing officer shall make written findings of fact and reach a written conclusion as to whether the dog is a
potentially dangerous dog pursuant to this Code or state law. Upon receipt of those findings and conclusions or as soon thereafter as reasonably possible, the City animal control authority
must personally serve a written copy thereof to the owner who requested the hearing or a person of suitable age at the residence of such owner. The decision of the hearing examiner is
final without any further right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the Minnesota Court of Appeals for a Writ of Certiorari not more
than thirty (30) days after service of the hearing examiner’s written decision. (e) Potentially dangerous dog requirements. It shall be the joint and several responsibility of each owner
of any dog kept or harbored within the City and determined to be potentially dangerous under this Section of the Code or under the provisions of a substantially similar local or state
law to: (1) Have a microchip implanted in the dog for identification and provide the City animal control authority with proof thereof, including the name of the microchip manufacturer
and its serial identification number, within thirty (30) days of any owner’s 152329v02 RNK:r07/12/2010 3
receipt of the Notice of Potentially Dangerous Dog or within ten (10) days of the dog’s location within the City, whichever occurs first; and (2) Provide the City animal control authority
with written notice of any intended relocation of the dog from its current residence and provide any new owner’s full name, address, daytime and evening telephone numbers and the relocation
address at least ten (10) days prior to any such relocation or new ownership. (3) If the dog is outdoors the dog must be restrained by a substantial chain or leash not longer than six
(6) feet and under the physical restraint of a responsible person. (4) If the dog is outdoors and is not restrained by a substantial chain or leash not longer than six (6) feet under
the physical restraint of a responsible person, the Owner must pay the City $250 per incident. If the dog has been impounded by the City, the $250 must be paid before the animal is reclaimed
by the Owner. (f) Review of potentially dangerous dog designation. Beginning six (6) months after a dog is declared potentially dangerous hereunder, an owner may request annually that
the City animal control authority review the designation by serving upon it with a written request for review that includes the full name, address and telephone numbers of the requestor,
a list of the names and addresses of all owners of the dog, the requestor’s ownership interest, and a summary of the basis for the claimed change in the dog’s behavior. The request for
review shall be accompanied by all documents in support of the contention that the dog’s aggressive behavior has been modified. Within fourteen (14) days of the receipt of the request,
the animal control authority shall make a determination in writing as to whether or not to rescind the potentially dangerous dog designation. 10-31. Regulations Regarding Dangerous Dogs.
(a) Determination of dangerous dog by City. A City animal control officer or other law enforcement official shall determine that a dog is a dangerous dog if the officer believes, based
upon the officer's professional judgment, that a dog: (1) Has, without provocation, inflicted substantial bodily harm on a human being on public or private property; or (2) Has killed
a domestic animal without provocation while off the owner's property; or (3) Has been determined to be a potentially dangerous dog, and after the owner has notice that the dog is potentially
dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. (b) Exemption. Dogs may not be declared dangerous if the threat, injury, or damage
was sustained by a person: (1) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; (2) Who was provoking, tormenting,
abusing, or assaulting the dog or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or 152329v02 RNK:r07/12/2010 4
(3) Who was committing or attempting to commit a crime. (c) Notice of dangerous dog. Upon a determination by a City animal control officer or other law enforcement official that a dog
is dangerous, the City shall provide a Notice of Dangerous Dog to the owner of such dog by delivering or mailing it to the owner of the dog, or by posting a copy of it at the place where
the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice shall include the following: (1) A description of the dog determined
to be a dangerous dog; the authority for and purpose of the dangerous dog declaration and seizure, if applicable; the time, place, and circumstances under which the dog was declared
dangerous; and if the dog has been seized, the telephone number and contact person where the dog is kept; (2) A statement as to whether or not the dog’s destruction is being sought by
the City; a person claiming an interest in a seized dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog’s actual costs of care and
keeping; and the security must be posted within seven (7) days of the seizure inclusive of the date of the seizure; (3) A statement that the owner of the dog may request a hearing concerning
the dangerous dog declaration and, if applicable, prior potentially dangerous dog declarations for the dog, and that failure to do so within fourteen (14) days of the date of the notice
will terminate the owner's right to a hearing under this section; (4) A statement that if an appeal request is made within fourteen (14) days of the notice, the owner must immediately
comply with the requirements of Minn. Stat. § 347.52, paragraphs (a) and (c), and until such time as the hearing officer issues an opinion; (5) A statement that if the hearing officer
affirms the dangerous dog declaration, the owner will have fourteen (14) days from receipt of that decision to comply with all other requirements of Minn. Stat. §§ 347.51, 347.515, and
347.52; ((6) A form to request a hearing under this subdivision; (7) If the dog has been seized, a statement that all actual costs of the care, keeping, and disposition of the dog are
the responsibility of the person claiming an interest in the dog, except to the extent that a court or hearing officer finds that the seizure or impoundment was not substantially justified
by law; (8) A statement of the requirements to own a dangerous dog in Section 10-31-(g)); and (9) The criminal penalties for violations of this Code. (d) Requirements upon receipt of
a Notice of Dangerous Dog. After receipt of the notice, the owner must do the following: (1) At all times keep the dog either confined in a proper enclosure or muzzled in a manner that
will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration; (2) Implant the dog with a microchip for
identification and provide the City animal control authority with the name of the microchip manufacturer and and the serial identification number of the microchip implanted within fourteen
(14) days; and 152329v02 RNK:r07/12/2010 5
(3) Provide the City animal control authority with written notice of any relocation of the dog from its current residence and provide any new owner’s full name, address, daytime and
evening telephone numbers and relocation address at least ten (10) days prior to any such relocation. (e) Appeal of the dangerous dog designation. Within fourteen (14) days after receipt
of the Notice of Dangerous Dog any owner may request an appeal of that determination by completing and serving upon the City animal control authority a Request for Appeal of Dangerous
Dog Designation on the form provided along with the notice, including at a minimum the following information: (1) The full name, address, daytime and evening telephone numbers of the
person requesting an appeal; (2) The full name and address of all of the dog’s owners; (3) The ownership interest of the person requesting the appeal; (4) The names of any witnesses
to be called at the hearing; (5) A list and copies of all exhibits to be presented at the hearing; and (6) A summary statement as to why the dog should not be declared dangerous. Failure
to timely submit a completed Request for Appeal shall be deemed a waiver of the right to appeal and consent to the designation of the dog as dangerous. (f) Hearing procedure and costs.
The owner of a dangerous dog has the right to a hearing by an impartial hearing officer, who shall be either an impartial employee of the City or an impartial person retained by the
City to conduct the hearing. (1) Within fourteen (14) days after receipt of the Request for Appeal, the hearing officer shall hold a hearing to determine the validity of the dangerous
dog declaration. (2) The hearing shall be held at a place to be determined by the City animal control authority during the City’s normal business hours. (3) At the hearing, the parties
shall have the opportunity to present evidence in the form of exhibits and testimony. Each party may question the other party’s witnesses. The strict rules of evidence do not apply and
the records of the animal control officer or law enforcement official are admissible without further foundation. Objections as to the evidence presented can be made on the basis of the
evidence being incompetent, irrelevant, immaterial or unduly repetitious. The hearing examiner shall admit and give probative weight to evidence, including reliable hearsay evidence,
which
possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The order of proof shall follow the burden of proof with the initial burden
upon the City animal control authority to demonstrate by a preponderance of the evidence that the animal is dangerous. The hearing shall be tape recorded and a full record of the hearing
shall be kept by the hearing examiner. (4) Within ten (10) days of the conclusion of the hearing, the hearing officer shall make written findings of fact and reach a written conclusion
as to whether the dog is a dangerous dog pursuant to this Code or state law. A separate finding shall be made made as to whether or not the dog should be destroyed by the City animal
control authority in 152329v02 RNK:r07/12/2010 6
accordance with Section 10-31-(j). Upon receipt of those findings and conclusions or as soon thereafter as reasonably possible, the City animal control authority must personally serve
a written copy thereof to the owner who requested the hearing or a person of suitable age at the residence of such owner. The decision of the hearing examiner is final without any further
right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the Minnesota Court of Appeals for a Writ of Certiorari not more than thirty (30) days after
service of the hearing examiner’s written decision. (5) In the event that the dangerous dog declaration is upheld by the hearing officer, actual expenses of the hearing up to a maximum
of $1,000 will be the responsibility of the dog’s owner. (g) Dangerous dogs requirements. Upon a determination after a hearing that the dog is dangerous under this Code or state law,
or upon the expiration of the fourteen (14) day appeal period where no owner serves upon the City City animal control authority a timely and proper Request for Appeal of the Dangerous
Dog Designation, or upon the relocation of a dog to this City from another location where the dog was previously declared dangerous under either state law or a local law substantially
similar to this Section, it shall be the joint and several responsibility of each owner of the dangerous dog kept or harbored within the City to strictly comply with the following requirements:
(1) Keep the dog in a proper enclosure or, if the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash not longer than six (6)
feet and under the physical restraint of a responsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause
injury to the dog or interfere with its vision or respiration. The premises where the dog is kept must prominently post a visible warning sign, including a warning symbol to inform children,
that there is a dangerous dog on the property; (2) Register the dog as a dangerous dog with the City of Falcon Heights in accordance with state law and renew the registration of the
dog annually until the dog is deceased. The City will issue a certificate of registration upon proof that the requirements of this section have been satisfied. If the dog is removed
from the jurisdiction, it must be registered as a dangerous dog in its new location; (3) Cause the dog to be implanted with a microchip for identification and provide the City animal
control authority with the name of the microchip manufacturer and the serial identification number of the microchip implanted within fourteen (14) days of the date the dog was determined
to be dangerous; (4) Maintain affixed to the dog’s collar at all times a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog
symbol, as approved by the state’s commissioner of public safety; (5) Cause the dog to be sterilized at the the owner’s expense and provide the City animal control authority with proof
thereof, including the name, address and telephone number of the veterinarian who performed the procedure, within thirty (30) days of the date the dog was determined to be dangerous.
If the owner does not have the dog sterilized within thirty (30) days, the City animal control authority shall seize the dog and have it sterilized at the owner’s expense; 152329v02
RNK:r07/12/2010 7
(6) Provide the City animal control authority with written notice of the death of the dog within thirty (30) days thereof and if requested execute an affidavit under oath setting forth
the circumstances of the dog’s death and disposition; (7) Provide the City animal control authority with written notice of any intended relocation of the dog from its current residence
on record and provide any new owner’s full name, address, daytime and evening telephone numbers and the relocation address at least ten (10) days prior to any such relocation or new
ownership; (8) Accompany the sale or transfer of the dog to another owner with a written statement signed and notarized by the transferee listing his or her full name, address, daytime
and evening telephone numbers and acknowledging that the City animal control authority has identified the dog as dangerous and provide a copy thereof to the City animal control authority;
(9) Provide the owner of real property where the dangerous dog will reside with a written disclosure that the City animal control authority has identified the dog as dangerous prior
to entering into a lease agreement and at the time of any lease renewal; and (10) Obtain a surety bond issued by a surety company authorized to conduct business in this state in a form
acceptable to the animal control authority in the sum of at least $300,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance
company authorized to conduct business in this state in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the dangerous dog. (h) Confiscation
of dangerous dogs. (1) Seizure. The City animal control authority shall immediately seize any dangerous dog if: (a) after fourteen (14) days after the owner has notice that the dog is
dangerous, the dog is not validity registered; (b) after fourteen (14) days after the owner has notice that the dog is dangerous, the owner does not secure the property liability insurance
or surety coverage; (c) the dog is not maintained in a proper enclosure; or (d) the dog is outside the proper enclosure and not under physical restraint of a responsible person. (2)
Subsequent offenses; seizures. In addition, if the dog’s owner is convicted of violating this Section or state laws regulating dangerous dogs, the court as a part of its sentence may
order that the dog be confiscated and destroyed in a proper and humane manner and that the owner pay the costs incurred in confiscating, confining and destroying the dog. Where an owner
is convicted of violating this Section or state laws regulating dangerous dogs and is thereafter charged with a subsequent such violation relating to the same dog, the dog must be summarily
seized and impounded by the animal control authority. Upon conviction of that subsequent offense, the court shall order as part of its sentence that the dog be destroyed in a proper
and humane manner and that the owner pay the cost of confiscating, confining and destroying the dog. If the owner is not convicted and the dog is not reclaimed by the owner within seven
(7) days after the 152329v02 RNK:r07/12/2010 8
owner has been notified that the dog may be reclaimed, the dog may be disposed of in a proper and humane manner. Any person who harbors, hides or conceals or aids and abets the harboring,
hiding or concealment of a dog determined to be dangerous under this Code or state laws regulating dangerous dogs shall be guilty of a misdemeanor. (i) Reclaiming seized dog. A confiscated
dangerous dog not subject to destruction under this Section may be reclaimed by an owner upon payment of impoundment and boarding fees and presenting proof of compliance with all of
the requirements of this Section or state laws regulating dangerous dogs. A confiscated dog not reclaimed under this Section within seven (7) days may be destroyed in a proper and humane
manner with the owner being responsible for the costs of confiscation, boarding and destruction. (j) Destruction of dog in certain circumstances. Where the City animal control authority
seeks to destroy a dog it has designated as dangerous, it must provide the owner with specific notice, in writing, of its intent to destroy the animal and provide the owner with a full
and fair opportunity for a hearing on this issue in the context of the Appeal of the Dangerous Dog Designation in Section 10-31(e). The City animal control authority may destroy a dog
in a proper and humane manner, with the owner being responsible for the costs of confiscation, boarding, and destruction, if: (1) The dog inflicted substantial or great bodily harm on
a human on public or private without provocation; (2) The dog inflicted multiple bites on the victim or bites on multiple victims on public or private property without provocation; (3)
The dog bit multiple human victims on public or private property in the same attack without provocation; (4) The dog bit a human on public or private property without provocation in
an attack where more than one dog participated in the attack; (5) The owner of the dog has demonstrated an inability or unwillingness to control the animal in order to prevent injury
to persons persons or other animals; and (6) Unless the animal is destroyed another unprovoked attack on a human being is likely and that therefore the destruction of the animal is necessary
to protect the public health, safety and welfare. (k) Review of dangerous dog designation. Beginning six (6) months after a dog is declared dangerous hereunder, an owner may request
annually that the City animal control authority review the designation by serving upon it with a written request for review that includes the full name, address and telephone numbers
of the requestor, a list of the names and addresses of all owners of the dog, the requestor’s ownership interest, and a summary of the basis for the claimed change in the dog’s behavior.
The owner must provide evidence that the dog’s behavior has changed due to the dog’s age, neutering, environment, completion of obedience training that includes modification of aggressive
behavior, or other factors. Within fourteen (14) days of the receipt of the request, the animal control authority shall make a determination in writing as to whether or not to rescind
the dangerous dog designation. Should the designation be rescinded, the dog shall nonetheless continue to be considered potentially dangerous and subject to the requirements of this
Code. 152329v02 RNK:r07/12/2010 9
152329v02 RNK:r07/12/2010 10 10-32. Law Enforcement. This Article does not apply to potentially dangerous dogs or dangerous dogs used by law enforcement officials for police work. SECTION
3. This ordinance shall be effective immediately upon its passage. ADOPTED this ______ day of ____________, 2010, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS
BY: ______________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Justin Miller, City Administrator/Clerk