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HomeMy WebLinkAbout03/23/2005 Council PacketWORK SESSION AGENDA CITY OF LINO LAKES Wednesday March 23, 2005 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Resolution Supporting Legislation Request - North Metro I -35W Corridor Coalition, Bob Benke 2. Police Department Explorer Program 3. Lease of City Property to American Legion, Mary Divine 4. City Code — Animal Regulations, Adult Use Regulations — review drafts 5. Joint Powers Agreement Request — Pine Hollow, Circle Pines 6. Regular Agenda Items 7. Adjourn Date: To: From: WORK SESSION STAFF REPORT Work Session Item No. 1 Council Work Session, Wednesday, March 23, 2005 City Council Gordon Heitke, City Administrator Re: Supporting Legislation Request for Appropriating Money for Engineering for the Reconstruction and Expansion of I35 Between 1- 694 and I -35W. Background: The North I -35W communities are requesting that the Legislature appropriate $500,000 to be used for the development and evaluation of alternative concepts for the reconstruction of I -35W north of I -694 in Arden Hills, Mounds View and New Brighton. The requested funds will be used to identify roadway design options, evaluate the operational characteristics of selected alternatives and to provide for community involvement in the planning process. Mr. Robert Benke, North Metro I -35W Corridor Coalition has requested an opportunity to appear before the City Council to request a resolution supporting the legislation. As you know, the City of Lino Lakes has had bills introduced, which call for the appropriation of state bond funds for improvements to the I35W /CSAH 23 (Lake Drive) interchange. The funding request of the North I -35W communities is also a request for the appropriation of state bond funds. Since the amount of proposed projects will most likely exceed the total bond amount, it is reasonable to require that the North Metro I- 35W Corridor Coalition, in turn, support Lino Lakes' legislation request for interchange improvement funding if the City of Lino Lakes supports this funding request, in order to not put ourselves at any disadvantage to receive funding. The resolution has been adopted by New Brighton, Mounds View, Circle Pines, Arden Hills, Blaine, Shoreview, Lexington and the Ramsey County 1 Board. The Anoka County Board is expected to approve it at their Tuesday, March 22, 2005 meeting. Requested Council Direction: The Council needs to determine: 1) whether it is in the best interest of Lino Lakes to support the funding request of the North I -35W communities, 2) whether to request support from the North Metro I -35W Corridor Coalition for the legislation for funding improvements for the I- 35W /CSAH 23 interchange, and 3) whether to place this item on the March 28, 2005 agenda as an item for formal action. Attachments: 1. North Metro I -35W Corridor Coalition Legislation Request and Resolution 2 NORTH METRO I -35W CORRIDOR COALITION 8525 Edinbrook Crossing, Suite #5 Brooklyn Park, MN 55443 LEGISLATION REQUEST REQUEST: The North I -35W communities are requesting that the Legislature appropriate $500,000 to be used for the development and evaluation of alternative concepts for the reconstruction of 1 -35W north of 1 -694 in Arden Hills, Mounds View and New Brighton. BACKGROUND: The I -35W communities have been working with the Metropolitan Council and Mn /DOT to identify infrastructure investments needed to accommodate growth and redevelopment projects in the corridor. Work to date has identified inadequacies in the regional transportation network that must be addressed to balance area mobility with needs for local access. Additional work is needed to identify the appropriate solutions to the identified problems. The requested funds will be used to identify roadway design options, evaluate the operational characteristics of selected alternatives and to provide for community involvement in the planning process. CURRENT STATUS: 1 -694 is part of the metropolitan area `beltway' that is in Mn /DOT's priority plan for improvement to at least 6 lanes. Reconstruction of the Snelling Avenue Interchange at the southerly limits of this project area was recently delayed to after 2014 due to the lack of funding. Reconstruction of the I- 694/1 -35W interchange, the second busiest in the metro area, is not scheduled until after the Snelling project. Mn /DOT is working on the design of these projects, including a limited portion of I -35W. These schedule dates will accelerate if the Legislature provides new transportation funding during the 2005 Session. Both I -35W and TH 10 are Inter Regional Corridor routes that merge together in the proposed study area that includes three major redevelopment projects. In addition to the rapidly growing Blaine and outer ring suburbs, Arden Hills, Mounds View and New Brighton are working on projects that will return contaminated lands to the tax rolls, providing new homes and jobs in the process. These projects include: ARDEN HILLS: Redevelopment of the Twin Cities Army Ammunition Plant (TCAAP). Where currently there are worn out munitions manufacturing facilities and contaminated lands, the City envisions: • 2200 new homes • 3.2 Million Square Feet of commercial, retail and office space • $875 Million in tax base compared to current taxable value of $0. U: \I -35W \2005 LEGISLATION \LEG. REQUEST SUPPORT.DOC MOUNDS VIEW: New Corporate Campus for Medtronic. Where currently there is a municipal golf course, the City envisions: • 2000 jobs • 1.5 Million Square Feet of medical technology research and manufacturing • $120 Million in tax base compared to current taxable value of $0. NEW BRIGHTON: Northwest Quadrant Development. Where currently there are old, worn out industrial buildings and contaminated lands, the city envisions: • 750 new homes • 750,000 Square Feet of commercial, office and retail space • $300 Million in tax base compared to current taxable value of $13 million. DILEMMA TO BE SOLVED WITH REQUESTED FUNDS: Providing local access will be a major problem when I -35W is rebuilt due to proximity of existing interchanges and the interdependency of needs in the adjacent cities. Trade offs in local access options cannot be resolved without knowing what the regional freeway design will be and what interim measures will be needed. Despite being an Inter Regional Corridor route and including a segment of another on TH 10 plus connecting to the metro beltway, I -35W is designated as a "Management" category route and not an "Expansion" route in the Metropolitan Council's 2030 Transportation Policy Plan. Due to financial constraints, critically needed capacity expansions on I -35W are not programmed in the foreseeable future. Management category improvements can include reconstruction of up to two contiguous interchanges. In order for Mn /DOT and the affected communities to proceed with design and construction of individual interchanges needed to meet local access requirements and to mitigate already severe congestion problems, a plan for the ultimate reconstruction of I -35W is needed so that all of the subsequent pieces fit together. The requested funds will provide the parameters of the future system design that will facilitate further improvements. This will enable the communities to move forward with greater knowledge of interim actions needed to accommodate inevitable growth COMMUNITY SUPPORT: The following have approved resolutions in support of this funding request: Resolution Approvals (Pending) City of New Brighton (2/8) City of Blaine(2 /17) City of Mounds View(2 /14) City of Arden Hills City of Shoreview City of Circle Pines City of Lexington City of Lino Lakes Ramsey County Board Anoka County Board U: \I -35W \2005 LEGISLATION \LEG.REQUEST SUPPORT.DOC Lake Dr Lexington Ave 95th Ave • Lake Dr I EDTF C County Rd Cot my Rd I County Rd 10 Hwy 96 Lexington Ave "UNWEAVE THE WEAVE II" "UNWEAVE THE % WEAV . Data Sources: 2003 FSA Photo New Brighton GIS 1 0.5 0 1 Miles Draft A bill for an act Relating to capital improvements; authorizing the issuance of state bonds; appropriating money for the preparation and evaluation of engineering concepts and layouts for the reconstruction and expansion of I -35W between I -694 and I -35 in Anoka and Ramsey County. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. (APPROPRIATION) $500,000 is appropriated from the bond proceeds fund to the commissioner of transportation for the development and evaluation of engineering concepts and layouts for the reconstruction of 1-35W from I -694 in Ramsey County to I -35 in Anoka County. This appropriation shall be available for the conduct of all necessary planning and public involvement actions leading to a scoping decision based on the preferred alternative. Plans for I -35W shall identify all necessary improvements to appropriate segments of TH 10, I -694 and related county and city infrastructure. Section 2. (BOND SALE) To provide the money appropriated in section l from the bond proceeds account in the trunk highway fund, the commissioner of finance shall sell and issue bonds of the state in an amount up to $500,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota Constitution, article XIV, section 11 at the times and in the amounts requested by the commissioner of transportation. The proceeds of the bonds, except accrued interest and any premium received from the sale of the bonds, must be deposited in the bond proceeds account in the trunk highway fund. Section 3. (Effective Date) Sections 1 and 2 are effective the day following final enactment. F:1Users\I- 35W\2005 Legislation\l- 35WFunds 2.07.05.doc February 9, 2005 RESOLUTION WHEREAS: Communities in the North I -35W Corridor area in Ramsey and Anoka Counties have been working together to collaborate and coordinate public and private investments in housing, economic development and transportation, and, WHEREAS: This cooperation has included the Metropolitan Council and the Minnesota Department of Transportation, and, WHEREAS: Our communities are actively engaged in significant development and redevelopment programs that will have significant benefits to the Region as well as our local economies, and, WHEREAS: These developments will provide job opportunities for residents of the region, business opportunities for entrepreneurs, access to goods and services for citizens and tax base for our communities, and, WHEREAS: We recognize the importance of a healthy regional transportation infrastructure that serves trade and tourism mobility and safety for transcontinental travelers and businesses as well as travelers to and from the Metropolitan region to other opportunities in Minnesota, and, WHEREAS: We recognize the need to serve regional mobility at the same time that we ensure that our citizens and businesses are provided safe and convenient access to and from the regional system into local opportunity sites, and, WHEREAS: Current traffic flow conditions on North I -35W are already congested causing delays, accidents, air pollution and diminishing mobility, and, WHEREAS: Forecasted growth in population and jobs within the Region and within the Corridor will further severely congest and diminish the function and safety of the regional system, and, WHEREAS: It is in the interests of the Region and State to mitigate the current and anticipated problems at this juncture of two high priority Inter Regional Corridors with the Metro Beltway, NOW THEREFORE BE IT RESOLVED: That the Council of the City of does request that the Legislature appropriate funds sufficient to provide for the identification of preferred system design solutions for the I -35W/ TH 10 highway interchange in Ramsey and Anoka County along with appropriate county and city streets, and, BE IT FURTHER RESOLVED: That these funds should be appropriated to the Commissioner of Transportation to complete community involvement activities, alternative concept development, concept evaluation, preliminary engineering and environmental assessment, and, BE IT FINALLY RESOLVED: That the City Council of the City of does hereby pledge to work with the Department of Transportation, Anoka County, Ramsey County and the Metropolitan Council to ensure that the requested funds are used in a cooperative and efficient manner. Approved this Day of February, 2005. Mayor F: \Users \I -35W \Events \05 Action Plan \RESOLUTION draft.doc WS -3 WORK SESSION STAFF REPORT Work Session Item No. 3 Date: Council Work Session, Wednesday, March 23, 2005 To: City Council From: Mary Divine Re: Leasing Property to the American Legion Background Staff has received a request from the American Legion to lease approximately 50 feet of city property that is adjacent to the Legion for the Legion's use for horseshoe pits. The Legion wants to have four horseshoe pits and hold games on weeknights until dusk and on weekends. They have not proposed at this time any specific schedule. Approximately 12 -16 people could be playing at one time, with additional spectators. No outdoor lighting would be required. The Legion has offered to pay $500 per month for 12 months out of the year, although they would be using the property for about 5 months of the year. Zoning The property is zoned General Business. The ordinance allows outdoor recreation facilities as a Conditional Use provided that: a. The facilities are accessory to the principal use. b. The facilities meet the principal building setbacks. c. The facilities maintain a 50 -foot setback from residential districts. d. The facilities are screened from adjoining properties or public rights -of -way. e. The city may set limits on the hours of operation to avoid nuisance issues. WS -3 Issues to Consider 1. City liability. 2. Neighborhood response to noise. 3. Hours /days of operation. 4. Alcohol use outdoors. The city's zoning ordinance addresses outdoor dining facilities as a Conditional Use, requiring that access to the outdoor area is provided only through the principal building. This restriction prohibits people from leaving the premises with alcoholic beverages. The Legion has indicated that it will not allow drinks to be brought outside, but that may be difficult to enforce. 5. Equipment that the Legion may have in conjunction with the activity, such as spectator seating, or equipment that the city may require, such as trash containers. 6. A cutoff date and ability to break the lease with notice. The city attorney advised that any restrictions the city wishes to impose could be addressed in the lease as well as anything else the City Council may want to include if the decision is made to lease the property. The Legion could be required to apply for a Conditional Use Permit and submit a site plan showing location and boundaries of the horseshoe pits, and address any restrictions such as fencing or screening the city may wish to impose. WS -5 WORK SESSION MEMORANDUM To: City Council From: Dawn Bugge, Community Development Secretary Date: March 21, 2005 Re: Work Session Item 5 City Code — Animal Regulations BACKGROUND At the request of City Hall Staff and the Lino Lakes Police Department, the city's current animal ordinance has been revised to clarify regulations and combine varying chapters of the city code to be unified into one chapter addressing animals. Currently, animal regulations can be found in various chapters of the city code, making it difficult for staff to address questions and maintain animal control. In an attempt to organize and unify the existing chapters, an updated Chapter 503, to be called Animal Control Regulations, has been drafted. This updated Chapter of the City Code has combined information from the current Chapters 502 (Dogs), 503 (Farm Animals), 506 (Non- Domesticated Animals) and 607 (Kennels). Therefore, Chapters 502, 506 and 607 should be repealed per this change. City Staff and Police Department Staff have worked together in an attempt to address all aspects of concern for citizens and staff regarding animals through these updated regulations. The final draft of Chapter 503 has been reviewed by the Chief of Police and Police Department Personnel, and any changes per their request have been made. Three major revisions have been incorporated into this new Chapter. The first is per the request of the Police Department in order to improve animal control within the city. The city's existing regulations allow for voice command to restrain an animal. This provision will be removed with the new ordinance, as this allowance has been cause for a number of animal control problems in the past. 1 The amended regulations will state that animals, when not on the owner's property, are required to be in a motor vehicle or controlled by a leash. Therefore, the city will be adopting a "leash law" to maintain better control of animals within city limits. The police department would like to eliminate problems caused by animals that do not follow voice command. This amendment can be found in Section 503.12, Prohibitions. The second major revision relates to the issuance of private kennel licenses. City Staff has become aware that a number of residents currently own more than two dogs not allowed under our existing ordinance. Therefore these dogs are not licensed and out of city control. In an attempt to increase conformity and control, this section of the code has been amended. Currently, a private kennel, allowing more than two and not more than four dogs on a property, is allowed only on a parcel of land five (5) acres or more in size and requires a Conditional Use Permit. Under the proposed amended regulations, the city will allow private kennels on a minimum of one (1) acre of land, and will no longer require residents to obtain a Conditional Use Permit. A private kennel may be allowed only after an inspection reveals that adequate safeguards are present to protect the surrounding neighborhood from nuisances and to ensure compliance with Chapter 503 as well as Chapter 1007 (Zoning Ordinance). This amendment can be found in Section 503.10, Kennel Licenses. The final major revision is that the city will no longer allow farm animals in residential districts. Currently, there is a clause in the animal ordinance for farm animals that are kept as pets. In the new Chapter 503, farm animals, as defined, are prohibited in residential districts. This amendment can be found in Section 503.18, Farm Animals. Adoption of revised Chapter 503 will require that certain Definitions in Chapter 1007, Zoning Ordinance, will need to be amended. These definitions are: Animals, Farm Kennel, Commercial Kennel, Private These definitions should be amended in Chapter 1007 to match the definition that is established in the updated Chapter 503. STAFF OPINION In an attempt to improve animal control within the city, and to bring more residents into conformity with city regulations, City Staff and Police Department Staff request that the updated Chapter 503 be approved. This adoption will create one unified chapter that addresses animals within the city. No action is required at this time. These amendments will be made along with City Codification. 2 ATTACHMENTS 1. Revised Draft City Code Chapter 503, Animal Control Regulations 2. Existing Chapters 502 (Dogs), 503 (Farm Animals), 506 (Non- Domesticated Animals) and 607 (Kennels). 3 FINAL DRAFT Lino Lakes Animal Ordinance CHAPTER 503. ANIMAL CONTROL REGULATIONS. Section 503.01 Definitions 503.02 Enforcement 503.03 Right of Entry 503.04 Impounding Animals 503.05 Impounding Strays 503.06 Impounding Facility 503.07 Redeeming Animals 503.08 Disposition of Animals 503.09 License and Vaccination Requirements 503.10 Kennel Licenses: Private and Commercial 503.11 Health and Maintenance Standards 503.12 Prohibitions 503.13 Confinement in Motor Vehicle 503.14 Wild Animals 503.15 Rabies; Animal Bites 503.16 Dangerous and Potentially Dangerous Animals 503.17 Forfeiture of Ownership Rights 503.18 Farm Animals 503.19 Non - Conformities 503.20 Penalty 503.21 Exemptions 503.01 DEFINITIONS. Unless the context clearly indicates otherwise, the words and phrases below are defined for the purpose of this chapter as follows. AT LARGE. An animal that is off the property of the person owning, harboring or keeping the animal and not under restraint. AUTHORIZED CITY PERSONNEL. The chief of police, law enforcement personnel, and others designated by law enforcement personnel to assist in the enforcement of this chapter. DOMESTIC ANIMAL. For purposes of this chapter, domestic animals shall be defined as house pets such as dogs, cats, traditional and typical animal pets, and birds (not including pigeons, chickens, geese, turkeys or other domestic fowl) which can be Amended 3/15/05 Page 1 of 15 FINAL DRAFT Lino Lakes Animal Ordinance contained within a principal structure throughout the entire year, provided that the containment can be accomplished without special modification to the structure requiring a building permit from the City. In addition, it includes rabbits normally sheltered outside the home. FARM ANIMAL. Means cattle, mules, sheep, goats, swine, ducks, geese, turkeys, chickens, pigeons, guinea hens, bees, horses, rabbits, llamas, ostriches, emus, and other animals typically maintained in a farm setting but not in an urban setting. KENNEL, COMMERCIAL. Any structure or premises on which more than the allowed number of dogs are kept for the business of boarding for a fee, for the business of breeding for sale, or for some other profit - making purpose. KENNEL, PRIVATE. Any structure or premises on which between 3 (three) and 4 (four) dogs, over six months of age, are kept for private enjoyment and not for monetary gain. MALTREATED ANIMAL. An animal that has not been given adequate food, water, or shelter as specified in §503.11 or that has been subjected to the conduct prohibited by Minn. Stat. §343.21. OWNER. A person owning, keeping, harboring or acting as custodian of an animal. All adult occupants of the property where the animal resides or is kept is considered an owner or owners. PARCEL OF LAND. A contiguous tract or area of land established by plat, subdivision, or as otherwise permitted by law, that has one legal description and parcel identification number recorded with the Anoka County Property Records Department. Also referred to as a "lot" or "lot of record." PERSON. An individual, firm, partnership or corporation. PREMISES. A building, structure, shelter or land where an animal is kept or confined. POTENTIALLY DANGEROUS ANIMAL. An animal that: a. when unprovoked, inflicted bites that broke the skin on a human or domestic animal; b. when unprovoked, chased or approached a person who was on public property in an apparent attitude of attack indicated by such things as snarling and bared teeth; or c. has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Potentially dangerous animal does not include an animal taking action that was: Amended 3/15/05 Page 2 of 15 FINAL DRAFT Lino Lakes Animal Ordinance d. directed toward a person or animal who was willfully trespassing, committing another tort, committing a crime, or attempting to commit a crime, on premises occupied by the animal's owner; e. provoked; or f. done to defend or protect itself or a human being within its immediate vicinity from an unjustified attack or assault. PUBLIC NUISANCE ANIMAL. An animal that: a. is maintained in a manner that violates §503.11; b. by virtue of number or types of animals maintained, is offensive or dangerous to the public health, safety or welfare; or c. has been the subject of a violation of this chapter more than two times in a 24- month period. UNDER RESTRAINT. An animal that is: (a) within a private motor vehicle of a person, owning, harboring or keeping the animal; or (b) controlled by a leash not exceeding six feet in length. VETERINARY HOSPITAL. A place for the treatment, hospitalization, surgery, care and boarding of animals and birds, under the direction of one or more licensed veterinarians. WILD ANIMAL. Any of the following: a. front -fanged venomous snakes, including the viperidae and elapidae families of snakes, such as rattlesnakes and cobras; b. snakes over 8 feet in length; c. reptiles that have the physical ability as an adult to cause substantial bodily injury as defined in Minn. Stat. §609.02, subd. 7a, to humans and /or domestic animals, such as python snakes and crocodilians; d. animals that can transmit rabies and cannot be vaccinated against rabies, except domestic animals such as cows; e. animals that as a breed are considered wild by nature because of breeding, history, character, habit, or disposition; and f. animals that have at least 25 percent of their heritage from animals specified in subparagraph e, above. Amended 3/15/05 Page 3 of 15 FINAL DRAFT Lino Lakes Animal Ordinance Wild animal specifically includes such animals as a wolf, fox, skunk, raccoon, mink, bobcat, deer, and monkey, but does not include a household pet such as a fish, caged bird, ferret, hamster or gerbil. 503.02 ENFORCEMENT. The provisions of this chapter will be enforced by the chief of police, law enforcement personnel, law enforcement designees, and the assistance of other personnel when appropriate. 503.03 RIGHT OF ENTRY. Authorized city personnel have the right to enter upon a premises at reasonable times for the purpose of discharging their duties imposed by this chapter when there is reasonable belief that a violation of this chapter has been committed. 503.04 IMPOUNDING ANIMALS. 1. Authorized city personnel may seize and impound an animal found to be in violation of this chapter. These personnel may enter onto private property to seize and impound animals when: a. they have a reasonable and immediate concern for the animal's health, safety or welfare; b. they have a reasonable and immediate concern for the health and safety of human beings or other animals as a result of the animal's continued presence on the property; or c. they have reasonable cause to believe that a violation of this chapter has occurred or is occurring and that seizure is necessary to prevent further violation, but only after a reasonable effort has been made to contact an occupant of the property. 2. A person must not interfere with authorized city personnel impounding an animal, nor refuse to surrender an animal to these personnel. 3. The animal owner is responsible for costs for the impounding and housing of an impounded animal. 503.05 IMPOUNDING STRAYS. 1. Authorized city personnel may seize and impound an animal found at large on public property or claimed to be a stray by the occupant of the premises upon which the animal is found. Amended 3/15/05 Page 4 of 15 FINAL DRAFT Lino Lakes Animal Ordinance 2. An impounded stray animal displaying a need for medical care may be taken to a veterinarian for emergency treatment. The owner of the animal is responsible for payment of expenses incurred as a result of the veterinarian's treatment. 503.06 IMPOUNDING FACILITY. 1. The council will designate a place as an animal impounding facility for keeping animals that are impounded by the city. 2. Each month the impounding facility will give to the city a written report showing the animals impounded, the duration of the impoundment, and the method of disposal for each animal. 503.07 REDEEMING ANIMALS. The owner of an impounded animal may redeem such animal upon payment of all impounding and /or boarding fees. Animal Owner is responsible for all assessed fees. No dog may be released unless properly inoculated for rabies and licensed by the city. 503.08 DISPOSITION OF ANIMALS. If an impounded animal is not redeemed within five business days after the required notice, authorized city personnel may give the animal away or direct the impounding facility to dispose of the animal in a humane manner. 503.09 LICENSE AND VACCINATION REQUIREMENTS: 1. License and Registration. All dogs within the City of Lino Lakes shall be licensed except the following: a Dogs less than six (6) months of age; b Dogs which are brought into the City for appearances in an animal show or trial; c Dogs being used by law enforcement officers. 2. Vaccination Required. A person who owns, harbors or keeps a dog over six months old within the city must have the dog vaccinated by a licensed veterinarian with an anti- rabies vaccine that is currently effective. The owner shall be responsible for revaccination of the anti - rabies vaccine upon each expiration date and return to the city for re- licensing of their dog. 3. Tag Required. A person who owns, harbors or keeps a dog over six months old within the city must securely attach the City of Lino Lakes identification tag to the dog's Amended 3/15/05 Page 5 of 15 FINAL DRAFT Lino Lakes Animal Ordinance collar so that it can be readily seen. The identification tag must be worn by the dog at all times when it is off the owner's or keeper's property. 4. Licensing/Vaccination Procedures. a Application. Except as herein provided, within thirty (30) days of acquiring possession of a dog which has not been licensed by the City, or within thirty (30) days of moving to the City with a dog which has not previously been licensed by the City, the owner of the dog shall make application for a dog license. The application shall be on forms provided by the City. The applicant shall also provide proof of vaccination and spay or neuter to the City prior to the issuance of a license or renewal of a license. b License Fee. License application must be accompanied by a non - refundable fee as established by City Council ordinance. c Duration of License. All licenses are valid for the same length of time as the rabies vaccination and must be renewed within 30 days after the vaccination or a penalty will be applied in the amount set forth by City Council ordinance. d Receipt and Tags. Upon completion of the application form, receipt of the license fee(s), and receipt of proof of vaccination and spay or neuter, if applicable, the City shall cause a license fee receipt to be issued to the applicant, along with a metallic tag. The applicant shall cause the tag to be affixed permanently by metal fastening device to the collar of the licensed dog in such a manner that the tag is easily observed. If a tag is lost, a duplicate may be issued by the City upon presentation of a receipt showing payment of the initial license fee and upon payment of an additional fee for each duplicate tag in the amount set forth by City Council ordinance. e Change of Address. An applicant who has obtained a dog license shall notify the City of applicant's address change within corporate limits of the City within thirty (30) days of any address change. f Counterfeit Certificate. A vaccination certificate is valid only for the dog and owner to which it was issued. A person must not use a rabies vaccination certificate for a different dog than the one for which it was issued. g Counterfeit Tags. No person shall counterfeit, attempt to counterfeit, or attach any counterfeit tag to any dog in the City. h Transfer of Tags. No person shall transfer a dog tag from one dog to another. i Change of Ownership. If there is a change in ownership of the dog during the duration of the license, the new owner may have a current license changed to their name upon payment of an ownership transfer fee, or may secure a new license. The ownership transfer fee shall be $1.00 Amended 3/15/05 Page 6 of 15 FINAL DRAFT Lino Lakes Animal Ordinance 503.10 KENNEL LICENSES: COMMERCIAL AND PRIVATE. 1. General. Any person who owns, keeps, or allows the keeping of more than two dogs over six months of age on any parcel of land must first acquire a kennel license from the city. A person who owns or operates a commercial kennel or a private kennel must renew the license annually and comply with applicable requirements herein. a. An application for a private or commercial kennel license must be submitted to the police department accompanied by the fee established by City Council ordinance. b. A kennel license may be issued after an inspection reveals that adequate safeguards are present to protect the surrounding neighborhood from nuisances and to ensure compliance with this chapter as well as Chapter 1007. A license may not be issued if the location does not comply with the applicable health and maintenance standards set forth below. The license may include conditions that authorized city personnel deem reasonably necessary to protect public health and safety and to protect people in neighboring property from unsanitary conditions, unreasonable noise and odors, and other unreasonable annoyances. The license or permit may be reasonably modified by authorized city personnel if necessary to respond to changed circumstances. The modification will be effective 10 days after the mailing of written notice by certified mail to the holder. c. Each dog over six months of age is required to have an individual dog license obtained by the city. d. A kennel license will be issued for a maximum of one year and will expire on May 31 of each year. A license may be revoked because of a violation of this chapter, or another relevant law, ordinance or regulation. 2. Private Kennel. A minimum of one acre of land is required to obtain a private kennel license in any zoning district. Every kennel shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein. A private kennel license shall be limited to a maximum of four dogs. 3. Commercial Kennel. Commercial kennels shall also be subject to the provisions of Chapter 1007. • 503.11 HEALTH AND MAINTENANCE STANDARDS. 1. All Animals - Health Standards. The owner of an animal kept in the city must comply with the following standards. a. An animal kept outdoors or in an unheated enclosure must be provided with adequate shelter and bedding to protect it from the sun, rain, snow, and temperatures below 50 degrees Fahrenheit. Amended 3/15/05 Page 7 of 15 FINAL DRAFT Lino Lakes Animal Ordinance b. The shelter must include a moisture proof and windproof structure of suitable size to allow the animal to stand in an upright position and to lie down stretched out so that no part of its body need touch the sides of the structure. The structure must be made of durable material sufficient to allow retention of body heat with a solid floor raised at least two inches from the ground and an entrance covered by a flexible windproof material or self - closing swinging door. The structure must be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets or the equivalent to provide insulation and protection against cold and dampness and to promote retention of body heat. The structure must be structurally sound and maintained in good repair. The structure shall meet the setback requirements for accessory buildings as set forth in Chapter 1007. c. In lieu of the requirements of paragraphs a and b, an animal may be provided with access to a barn with a sufficient quantity of loose hay or bedding and protection against cold and dampness. d. If an animal is confined by a chain, the chain must be so attached that it cannot become entangled with the chains of other animals or other objects. A chain must be of a size adequate to restrain the animal involved and must be attached to the animal by means of a well fitted collar. The collar must be large enough to allow free breathing but small enough to avoid being easily pulled over the animal's head. A chain must be at least three times the length of the animal as measured from the tip of his nose to the base of his tail. e. A female dog in season must be confined indoors or in a secure enclosure so that she will not be in contact, except for intentional breeding purposes, with another dog or create a nuisance by attracting other animals who engage in continued barking, yelping or howling. f. An animal must be provided with sufficient food and water daily to meet adequate nutritional requirements. g. No person shall beat, torment, tease, or otherwise abuse an animal, or permit an animal to fight. h. The owner of any animal within city limits will provide veterinary care when needed to prevent suffering of any sick or injured animal. 2. All Animals — Maintenance Standards. An owner or an animal kept in the city must comply with the standards below. Before commencing an action to enforce compliance with these standards, enforcement personnel must give an owner notice of a violation and a reasonable opportunity to comply. a. An owner must maintain an animal and the area where it is kept so that no odor that offends the senses of a reasonable person is detected, for more than one day, off the property where the animal is kept. Amended 3 /15/05 Page 8 of 15 FINAL DRAFT Lino Lakes Animal Ordinance b. An owner must maintain the property where the animal is kept so that there is no erosion, and no drainage of water contaminated by the animal, onto adjacent properties or into wetlands. c. The owner must manage the feces and other bodily wastes from the animal in a timely and sanitary manner that prevents health risks and prevents odors that are prohibited under paragraph (a) above. 3. Commercial Kennels & Veterinary Hospitals. In addition to the standards established under paragraph 1, commercial kennels and veterinary hospitals must comply with the following standards. a. Housing facilities must be structurally sound and maintained in good repair. Indoor housing facilities must be adequately ventilated and have ample light, either natural or artificial. b. An enclosure must be of sufficient size to allow each animal to turn around fully and to stand, sit and lie in a comfortable normal position. The floors of the enclosure must be constructed so as to prevent injury to the animal's legs and feet. c. The temperature for indoor housing facilities must not be allowed to fall below 50 degrees Fahrenheit for dogs not accustomed to lower temperatures. d. Disposal facilities must be provided to minimize vermin, infestation, odors and disease hazards. e. Adequate storage and refrigeration must be provided to protect food supplies against contamination and deterioration. f. The premises, cages, enclosures and housing facilities must be clean and disinfected as often as is necessary to maintain clean and sanitary conditions at all times. g. Animals must be fed at least once a day with clean, wholesome food, sufficient to meet the normal nutritional requirements for the animal's age, size and condition. h. Clean potable water must be made available to all animals at least twice daily for periods of not less than one hour. i. Feeding and water receptacles must be kept clean and sanitary at all times. j. Animals housed in the same primary enclosure must be maintained in compatible groups. Non -adult animals must not be housed in the same primary enclosure with adult animals other than their mothers. k. An animal exhibiting a vicious disposition must be housed separately. Amended 3/15/05 Page 9of15 FINAL DRAFT Lino Lakes Animal Ordinance 1. Females in season must not be confined in the same enclosure with males except for breeding purposes. Animals used for breeding must be of compatible size and only one male and one female may be mated at one time in a single enclosure. m. Animals affected with clinical evidence of infections, contagious or communicable disease must be separated from other animals in a manner to minimize the chance of further infection. An effective program for the control of insects, ecto parasites and other pests must be established and maintained. 503.12 PROHIBITIONS. 1. An owner must not cause or permit his/her animal to run at large within the city limits, including within a public park, except as otherwise allowed by this code. Being "at large" means being off the property of the person owning, harboring or keeping the animal and not: (a) within a private motor vehicle of a person owning, harboring or keeping the animal; or (b) controlled by a leash not exceeding six feet in length. This restriction does not apply to dogs that have been specially trained and certified to perform tasks to assist people, such as handicapped assistance, police canine duties, or search and rescue. 2. A person must not abandon an animal within the city. 3. A person must not keep, own, harbor or otherwise possess a public nuisance animal, as defined in §503.01. 4. A person must not own, keep, or have in his/her possession an animal that unreasonably causes annoyance or disturbance to another person by frequent, habitual or continuous howling, yelping, barking, crowing, or other kinds of noise. 5. A person must not permit an animal under his/her care, custody or control to damage another person's lawn, garden or other property. 6. A person must not injure, harass, or interfere with a police canine in the lawful performance of its duties, or attempt, permit or cause the same. 7. An owner of an animal must not fail to restrain the animal from inflicting or attempting to inflict bodily injury on a person at any place or on a domestic animal off the owner's property, except in the circumstances defined in §503.01 "Potentially Dangerous Animal." 8. A person, except police officers in the lawful performance of their duties using a police canine, must not cause or encourage an animal to engage in unprovoked attacks upon human beings or domestic animals. 9. A person must not own, possess, harbor, or train an animal for the purpose of fighting with other animals. Amended 3/15/05 Page 10 of 15 FINAL DRAFT Lino Lakes Animal Ordinance 10. It is unlawful for an owner to sell or cause to be sold any animal without first providing the purchaser with written certification as to the origin of the animal. 503.13 CONFINEMENT IN MOTOR VEHICLE. 1. A person must not cause or allow an animal to be placed or confined in a motor vehicle without adequate ventilation when the atmospheric temperature, humidity, and sun rays can be reasonably expected to cause suffering, disability or death. Evidence that the animal is suffering from heat stress is prima facie evidence of a violation of this section. 2. This section does not prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for that purpose. 3. Authorized city personnel who find an animal in a motor vehicle in violation of this section may break and enter into the vehicle if necessary to remove the animal. Neither the personnel nor the city will be liable for vehicle damage that results. An animal removed must be taken immediately to the animal impounding facility to be evaluated by a licensed veterinarian. The personnel must leave within the vehicle a written notice giving their name and position and the address where the animal may be redeemed. The owner of the animal is responsible for any applicable fees and all medical and housing expenses incurred. 503.14 WILD ANIMALS. 1. A person must not keep, own, harbor or otherwise possess a wild animal, as defined in §503.01, within the city, except as provided in paragraph 2 below. 2. Wild animals may be brought into the city for the purpose of entertainment, education or display only by the following: a. a zoo operated by a governmental agency or a tax- exempt, non - profit corporation; b. the department of natural resources; c. other similar public educational or charitable organization; d. a circus; or e. a city - licensed pet shop. An organization listed above may bring a wild animal or animals into the city under this paragraph only after obtaining a permit from authorized city personnel. A permit may be granted only if the applicant can and does comply with the standards contained in Amended 3/15/05 Page 11 of 15 FINAL DRAFT Lino Lakes Animal Ordinance paragraph 3 below and pays the permit fee established by City Council ordinance. No organization covered by this paragraph may have wild animals within the city on more than 7 days in a consecutive 12 -month period, except that an organization listed above that has a wild animal within the city on the effective date of this section may continue to keep that animal as long as it lives if the organization obtains a permit from the city and complies with the standards specified in paragraph 3 below. 3. An organization that has obtained a permit under paragraph 2 above must comply with the following standards at all times that it possesses a wild animal within the city. a. A non - governmental organization must have liability insurance to cover potential personal injury or property damage caused by the animal(s), in an amount of at least $300,000 per person per occurrence. b. The animal(s) must be kept in a locked cage or other secure enclosure at all times when the public is allowed to be near them. c. The cage or enclosure must be constructed of sufficient materials so that a person, including a child, cannot put a finger, hand, or another portion of the body into the cage or enclosure so that the animal(s) could touch it. Alternatively, structural barriers may be used to keep the public away from the cage or enclosure. d. Only personnel with adequate training or experience in handling wild animals may have contact with the animal(s) while in the city. e. The animal(s) must be transported to the display location in the city in a secure enclosure sufficient to prohibit potential contact with humans or other animals, except the personnel identified under subparagraph (d) above. f. No sale of a wild animal(s) may occur, nor may orders for the sale of wild animals be taken. g. The display location must be inspected by authorized city personnel before the wild animal(s) may be brought into the city. h. Authorized city personnel must be allowed to periodically inspect the display location during reasonable hours while the animal(s) is /are in the city. i. If a wild animal bites a person, the animal must be forfeited immediately to authorized city personnel for rabies testing. 503.15 RABIES; ANIMAL BITES. 1. A dog or animal displaying symptoms of being rabid may be seized at any place or time and will be confined in the city impounding facility at the expense of the owner, until found to be free from rabies. Amended 3/15/05 Page 12 of 15 FINAL DRAFT Lino Lakes Animal Ordinance 2. If a dog or other animal appears to be diseased, vicious, dangerous, rabid or has been exposed to rabies, and the dog or other animal cannot be impounded without serious risk of personal injury, the dog or other animal may be killed, if reasonably necessary for the safety of a person or persons. 3. When a dog or other animal has bitten a person and the skin has been broken or the services of a doctor are required, the owner or custodian of the biting animal and the person bitten or his/her parent or guardian must report the incident to the Lino Lakes Police Department within 24 hours of the bite. The dog or other animal must be confined for a period of not less than 10 days in a veterinary hospital or on the owner's premises, as determined by the authorized city personnel. These personnel may refuse to permit confinement on the owner's premises if the animal has previously been found repeatedly at large or if the animal does not have a currently effective rabies inoculation. If confinement on the owner's premises is permitted, the animal may not be allowed off the premises or in contact with people or other animals during the confinement period, except for medical purposes. If the owner fails to comply with these restrictions, authorized city personnel may enter onto the property, seize the animal, and remove it to a veterinary hospital. The owner is responsible for all costs of confinement incurred under this section. As a condition of releasing a confined animal, authorized city personnel may require that the animal's owner take the animal for an examination by a veterinarian and may require the owner to follow any recommendations from the veterinarian regarding the animal's training or behavior. The authorized personnel must notify the owner of these requirements in writing. Failure to comply with a requirement is a violation of this code, punishable as a misdemeanor and/or as a civil violation. 503.16 DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS. 1. Dangerous animals. A person who owns, keeps, possesses, or acts as a custodian for a dangerous animal as defined by state law must comply with the requirements of Minn. Stat. § §347.50 through 347.54. 2. Potentially dangerous animals. A person who owns, keeps, possesses, or acts as a custodian for a potentially dangerous animal must confine the animal within a fenced enclosure sufficient to keep the animal from leaving the enclosure, or maintain the animal on a leash or chain not exceeding six feet in length, when the animal is on the owner's premises. 3. Notice of determination. Upon a determination by authorized city personnel that an animal is either dangerous or potentially dangerous as defined by state law or this chapter, the city must provide notice of this determination to the animal's owner by serving the owner personally or by registered mail. Immediately upon receipt of the notice the owner must comply with the state law requirements for muzzling an animal designated to be dangerous and confining it in an enclosure. The owner of the animal must comply with the requirements in state law and /or this chapter within a reasonable time established by authorized city personnel. Amended 3/15/05 Page 13 of 15 FINAL DRAFT Lino Lakes Animal Ordinance 4. Stopping an attack. If authorized city personnel are witness to an attack by an animal upon a person or another animal, the personnel may take whatever means the personnel deems appropriate to bring the attack to an end and prevent further injury to the victim. 5. Notification of changes. The owner of an animal designated as dangerous or potentially dangerous must notify authorized city personnel in writing if the animal has died, is to be relocated from its current address, or is to be given or sold to another person. The notification must be given in writing at least 14 days before the change of address or ownership, or within 14 days after the animal's death. The notification must include the current owner's name and address, any relocation address, and the name and address of any new owner. Upon notice of relocation, authorized city personnel shall inform the new city or township in which the animal is being relocated to. 503.17 FORFEITURE OF OWNERSHIP RIGHTS. 1. The ownership rights of a person owning the following types of animals may be forfeited to the city pursuant to the procedure in this section: a. a public nuisance animal; b. a wild animal; and c. a maltreated animal. In addition, the ownership rights of other animals owned by the same owner may be forfeited if he /she has demonstrated an inability or unwillingness to properly care for or control the animal in order to prevent it from becoming a public nuisance animal or a maltreated animal. 2. Authorized city personnel must notify the owner or apparent owner of the animal sought to be forfeited that the city intends to forfeit his/her ownership rights. The notice must be served on the owner personally or by registered mail. The notice must be in writing and state the reasons why forfeiture is sought, including a summary of applicable incidents. 3. If the animal is deemed forfeited, the owner must immediately give the animal to authorized city personnel, and a failure or refusal to do so is a misdemeanor. Authorized city personnel may use reasonable force and go onto private property to take the animal into custody. 4. Authorized city personnel will determine on a case by case basis whether forfeited animals may be destroyed or given to new owners who will adequately care for and control the animal. 503.18 FARM ANIMALS. Amended 3/15/05 Page 14 of 15 FINAL DRAFT Lino Lakes Animal Ordinance 1. Farm animals, as defined in §503.01, are prohibited in residential districts. 2. In addition to the provisions of this chapter, the keeping of farm animals or limited livestock raising may be permitted in rural zoning districts according to the regulations of §1007.066 and §1007.067. 3. The number of allowable farm animals shall not exceed one animal unit per two acres, with a maximum of 300 animal units, as defined in §1007.002 "Animal Unit." 4. A farm animal must not be kept or maintained on a regular basis on the front yard of the property, as defined in § 1007.002 "Yard, Front." 503.19 NON - CONFORMITIES. Any existing non - conformities at the time of adoption of this chapter shall be governed by the provisions of Minn. Stat. §462.357. 503.20 PENALTY. A violation of any section of Chapter 503 is a misdemeanor. 503.20 EXEMPTIONS. Animals used for law enforcement and fire rescue purposes in their official capacities are exempt from this chapter. Amended 3/15/05 Page 15 of 15 502. Dogs 502.01 Definitions. Subdivision 1. Dogs. "Dog" means any animal of the canine species. Subd. 2. Owner. "Owner" means any person owning, harboring, or keeping a dog; and shall include any person who keeps for more than 10 days a dog of which the owner is unknown, and any person keeping or caring for a dog owned by another. Subd. 3. At Large. A dog on premises owned or leased by its owner shall be deemed to be at large unless it is either: (1) Under the immediate control of the owner; (2) In the immediate presence of the owner; (3) On a leash, cord, or chain of adequate strength to adequately confine the dog; (4) Inside a fence of such height and material as to adequately confine the dog; or (5) In a building. A dog shall also be deemed to be at large if he is upon a street, road, or other public property or upon private property not owned or leased by its owner, unless the dog is either: (1) Under the immediate control of the owner; (2) In the immediate presence of the owner; or (3) On a leash, cord or chain not exceeding eight feet in length which is firmly attached to the dog and which is in the hand of or attached to the owner. 502.02 Nuisances. The following dogs are declared to be nuisances and no person shall keep such a dog or dogs in the city: (1) Any dog running at large, except as allowed by 502.03. (2) Any dog that commits damage to the person or property of anyone other than the owner, except as shall be committed in the defense of the owner or his family or property. Any female dog which is in heat and off the premises of the owner, unless confined and in the process of being transported to or from the owner's premises. (3) 99 (4) Any female dog in heat that is not kept in a building or secure enclosure where said female dog cannot come in contact with male dogs except for planned breeding. (5) Any dog that snarls at persons or bites persons or other animals, or exhibits vicious tendencies, or habitually or loudly barks, howls, cries, yelps or causes noise, disturbance or annoyance to persons residing in the vicinity thereof. (6) Any dog which frequents school grounds, public beaches, or other public lands. (7) Any dog which charges vehicles or interferes with pedestrians, or with the driving of automobiles, bicycles, motorcycles, motorbikes, snowmobiles, or other vehicles on public grounds, streets, or highways. 502.03 Agricultural Uses. The council may issue an annual permit to an owner to allow a dog to run at large on lands owned or leased by its owner only if such is necessary for agricultural pursuits and to protect a minimum of five domestic animals. The permit shall state the area where the animal shall be permitted to run at large, and may contain such other reasonable conditions and restrictions as the council may require. Violation of such conditions and restrictions shall be grounds for revocation of the permit after a hearing. 502.04 Licenses. Subdivision 1. Required. No person shall own, keep, or harbor a dog over the age of six months within the city, whether in a building or outside a building, without first securing a license for the dog from the clerk- treasurer; provided that a person may have in his possession a dog owned by someone else, which dog shall have a valid current license issued by another governmental unit, but such possession shall not exceed a three week period except with written permission from the city dog catcher. Subd. 2. Records. The clerk- treasurer shall keep an accurate written record of each license issued, the date thereof, the name and address and telephone number of the person to whom issued, and the name and a brief description of the dog for which the license is issued. Subd. 3. Term and Fees. All licenses shall expire on the same day as the expiration of the rabies vaccination. A dog owner will have 30 days after the expiration of the license to renew the license. The fee for neutered males or spayed females shall be $5.00. The fee for all other dogs shall be $10.00. The fee shall not be prorated and there shall be no refund of any license fee. If a 100 license has not been purchased within 30 days after the expiration of the current license; or within 30 days after the dog has been newly purchased or acquired; or within 30 days after the dog attains the age of six months, the license fee shall be $15.00. (Amended by Ord. 94 -14, 9/13/93) Subd. 4. Rabies Vaccination. No license shall be issued or renewed unless the applicant shall file with the clerk- treasurer a statement adequately identifying the dog, signed by a licensed veterinarian certifying that the dog has been vaccinated with anti- rabies vaccine, and the date of vaccination, which shall be not more than 24 months prior to the date of issuance or renewal of the license. (Amended by Ord. 93 -14, (9/13/93) Subd. 5. Tags. The license tag shall be kept at all times firmly affixed to the dog for which it was issued, and shall be non - transferrable to another dog. 502.05 Impounding. Subdivision 1. Authorization. Any dog in violation of this chapter may be impounded by a police officer, dog catcher, or other properly designated officer of the city. Subd. 2. Redemption. Any impounded dog may be redeemed within five (5) days of the date of impoundment by paying an impounding fee of $30.00 for the first offense; $50.00 for the second offense; $100.00 for the third offense; and $200.00 for the fourth and subsequent offenses. In addition, a boarding fee of $9.00 per day shall be paid. (Amended by Ordinance 93 -14, passed 9/13/93.) Subd. 3. Disposal. Any dog remaining unclaimed for five days following its impoundment may be sold to a licensed education or scientific institution pursuant to M.S. §35.71, or may be sold to any other person. Any dog not redeemed or sold shall be humanely killed and its carcass disposed of. 502.06 Penalties. In any case, upon conviction of violation of this chapter, the minimum fine shall be $10.00 for the first offense; $20.00 for the second offense; $40.00 for the third offense; and $80.00 for the fourth and subsequent offenses. 101 503. Farm Animals 503.01 Intent. It is the intent of this chapter to define guidelines for keeping farm animals on parcels of land within the city less than 10 acres in size; to facilitate distribution of animals within this city in such a manner as to prevent coincident and concurrent high- density populations of both residents and animals within the same geographical area by permitting animals to be kept on smaller parcels of land located in appropriately zoned areas; to minimize the risk of nuisances by limiting the total number of animals per acre and providing animal- specific nuisance guidelines; and to facilitate the enforcement of these regulations by providing for registration of parcels smaller than 10 acres on which the keeping of animals will be permitted. 503.02 Definitions. Subdivision 1. Animals. "Animals" means horses, mules, donkeys, cattle, sheep, swine, rabbits, skunks, foxes, raccoons, mink, and other similar animal beings which are endowed with the power of voluntary motion. Subd. 2. Fowl. "Fowl" means all birds of any kind including poultry, turkeys, chickens, ducks, geese, pigeons, gallinaceous birds, and other similar birds. Subd. 3. Parcel of Land. "Parcel of land" or "parcel" means either: (1) A piece of contiguous real property under one title; or (2) A piece of contiguous real property under more than one title, provided the total area is at least 5 acres and no more than one residence or dwelling is constructed on the property. Subd. 4. Animal Unit. "Animal unit" means a unit of measure to compare differences in the production of animal wastes, which has as a standard the amount of waste produced on a regular basis by a slaughter steer or heifer. For purposes of this chapter, the following equivalents apply: Species or Type Animal Units per of Animal Single Animal Slaughter Steer or Heifer 1.00 Horse 1.00 Pony 0.40 Mature Dairy Cow 1.40 Sheep 0.10 Goat 0.10 Turkey 0.018 Chicken 0.01 102 Species or Type of Animal Duck Rabbit Goose Other Animals Subd. 5. large if it is not its owner. Animal Units per Single Animal 0.01 0 05 0.02 As determined by the Commission At Large. An animal shall be deemed to be at on the premises of or under direct control of Subd. 6. Commission. "Commission" means the Lino Lakes Commission for Non - Household Animal Control; created pursuant to 216. 503.03 Animals. Subdivision 1. Minimum Acreage. Except as provided by 503.04, no person shall keep or harbor animals, fowl, or bees in the city or permit the same to be done upon premises owned, occupied, or controlled by him, except upon a parcel of land containing 10 acres or more. Subd. 2. Exception. The provisions of Subdivision 1 shall not apply to cats, dogs, fowl, or other similar animals such as skunks, rabbits, raccoons, canaries, chickens, ducks and pigeons when kept as household pets. 503.04 Animals, Small Lots. Subdivision 1. When Permitted. Animals except swine, may be kept on parcels of land containing less than ten acres but containing a minimum of 2.5 acres in areas zoned "R" or "R -X ", and a minimum of five acres in areas zoned "S -R" or "S -RX ". Subd. 2. Registration Required. All parcels upon which animals are kept as permitted by Subdivision 1 shall be registered as provided by 503.05, unless the animal unit density is less than 0.2 per acre. Subd. 3. Maximum Density. The maximum animal unit density for parcels subject to 503.04 shall be 0.5 units per acre. 503.05 Registration. Subdivision 1. Information Required. Persons desiring to register land as required by 503.04 shall submit the following information to the clerk - treasurer: (1) Name and address of applicant; (2) A certified copy of title or deed to the parcel, or the previous year's tax statement for the 103 (3) parcel, or an original or certified copy of a purchase agreement for the parcel, or a lease agreement for the parcel; provided that any of the above must state the approximate parcel acreage or parcel dimensions such that the parcel acreage and location may be readily determined; A statement of animals to be kept on the parcel, including species, maximum number of each species, age, sex, color, markings, identifying brand or tattoo, or photographs of larger animals; (4) Plans concerning housing, fencing, and waste disposal or removal, including a sketch of proposed fence lines, barns, and other structures relative to property lines and existing structures on all adjacent property. Subd. 2. Inspection. The parcel and any proposed buildings shall be inspected by the city building inspector or his designated representative. Inspection shall be directed specifically toward: (1) Proximity of proposed animal housing areas to residences, dwellings and wells; (2) Adjacent wetlands and waterways; (3) Potential drainage into adjacent wetlands and waterways. Notice of approval shall be forwarded directly to the clerk - treasurer by the building inspector within two weeks after the completed application is received. Re- inspection may be requested by the applicant after completion of all necessary corrections outlined by the building inspector. Subd. 3. Recording. After receipt of the building inspector's approval, the clerk- treasurer will register the hobby farm operator for the number and species of animals requested. The total number of animal units shall not exceed one per acre of the parcel, as the title, deed, tax statement, purchase agreement, or lease agreement for the parcel. Subd. 4. Fees. A one -time hobby farm operator registration origination fee of $5.00 per animal unit or fraction thereof shall be paid to the clerk - treasurer. Subd. 5. Renewal. Each registration shall be renewed annually by remitting an annual fee of $1.00 per animal unit, together with a current list of species and number of animals housed on the parcel, to the clerk - treasurer. 503.06 Bees. Bees may be kept on parcels registered pursuant to 503.04 and 503.05. Bees shall be kept in accordance with the 104 state apiary law and other statutes and regulations governing the keeping of bees. Where appropriate, fencing around hives or colonies may be required to minimize attractive nuisance. 503.07 Animal Wastes. Subdivision 1. Sanitation. Structures in which animals are housed and land containing animals shall be maintained in a clean and sanitary manner, free of excessive accumulation of animal wastes, and shall not provide an attractive breeding site for flies or cause excessive emission of animal waste odors. Subd. 2. Disposal. Animal wastes shall be disposed of by removal from the premises or by tilling into the soil at regular intervals. The length of intervals and method of disposal shall be determined by the Commission, based on the density of the animal population and availability of open land within the parcel for tillage. 503.08 Prohibitions. Subdivision 1. Nuisance. No person shall suffer or allow any animal or fowl to disturb the peace and quiet of the city or to otherwise become a public nuisance so as to annoy, injure, or endanger the health, safety, comfort, or repore of the public, or to in any way render the inhabitants of the city or a consider -able number thereof, insecure in life or in use of property. Subd. 2. Trespassing. M.S. 609.605, Subd. 5, prohibiting trespassing while astride, driving, or leading an animal, is hereby adopted by reference. Subd. 3. Running At Large. M.S. 609.605, Subd. 3, is hereby adopted by reference. No person shall permit any animal owned by him to run at large. Subd. 4. Diseased Animals. Animals with contagious disease of any kind shall be securely confined on the premises of their owner or harborer and shall not be permitted to approach within 50 feet of any public roadway or any place where animals belonging to or harbored by another person are confined or kept. 503.09 Enforcement. Subdivision 1. Procedure. Complaints of violations of this chapter may be filed with the police department. The police department may forward complaints to the Commission. Subd. 2. Penalties. In addition to any other penalties provided for violation of this chapter, the council may revoke the registration of any hobby farm operator who is convicted of violating any provision of 503. 503.10 Existing Farms. Hobby farms that were in operation prior to May 26, 1981, shall be exempt from the provisions of 105 503.01 through 503.06; provided that exemption shall be contingent upon compliance with all of the following provisions: (1) The operation of the hobby farm as a hobby farm has been and will remain continuous since its origination. (2) Any interruption in operation as a hobby farm shall not exceed twelve calendar months. (3) The acreage designated as the original hobby farm shall remain intact and shall not be reduced by any cause, including sale of inclusive real property or expiration of lease to the property. (4) The hobby farm operation shall not be intensified in terms of either numbers of animals or additional species of animals. (5) The non - conforming parcel shall be registered as pursuant to 503 no later than May 26, 1982. 106 506. Non - Domesticated Animals 506.01 Definitions. Subdivision 1. Non - Domesticated Animal. "Non - domesticated animal means any animal, reptile or fowl, which is not naturally tame or gentle but normally is wild in nature or disposition and which, because of its size, vicious nature or other characteristics would constitute a danger to human life or property. 506.02 Animals Prohibited. No persons shall keep, maintain or harbor within the City of Lino lakes any of the following animals: (1) Any animal or species prohibited by Minnesota or Federal law. (2) Any non - domesticated animal or species, including but not limited to the following: (A) Any skunk, whether captured in the wild, domestically raised, de- scented or not de- scented, vaccinated against rabies or not vaccinated against rabies; (B) Any large cat of the family Felidae such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats; (C) Any member of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs; (D) Any poisonous viper; (E) Any other animal which is not listed explicitly above, but which can be reasonably defined by the terms in 506.02 of this ordinance, including but not limited to, bears and badgers. 506.03. Selling Prohibited. No person shall offer for sale, within the City limits, any animal prohibited in 506.02 of this ordinance. 506.04. Exceptions. 1. Any person desiring to keep animals prohibited under 506.02 of this ordinance shall obtain a temporary permit from the City. Such a permit may be issued for a period not to exceed 30 days and shall specify further conditions under which such animals shall be kept. Provided, however, that no such permit may be issued 110 unless such prohibited animal is brought into the City for entertainment, exhibition, show or promotional purposes only. A public zoo or other institution engaged in a permanent display of animals may be issued a special use permit provided applicable zoning requirements are met. 2. Non - poisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, white rats, guinea pigs, chinchillas, or lizards, and similar small animals capable of being maintained continuously in cages are also exempt and do not require a permit. 3. Persons keeping animals for a public zoo as volunteers, docents or otherwise, any bona fide research institution or veterinary hospital are exempt from the permit requirement; provided protective devices adequate to prevent such animals from escaping or injuring the public are provided. 4. Handicapped persons keeping monkeys trained as household helpers are exempt from the permit requirements. 506.05. Impounding of Non - Domesticated Animals. Any non - domesticated animal kept in violation of this ordinance may be impounded by the City, and, after being so impounded for ten (10) days or more without being reclaimed by the owner, may be destroyed, sold, or otherwise disposed of. Any person reclaiming any such impounded animal shall pay the costs of impounding and keeping the same. 506.06. Existing Non - Domesticated Animals. Any non - domesticated animal which is being kept or maintained at the time this ordinance is adopted may be impounded if the keeping or maintaining of said non - domesticated animal is determined by the City Council to be a threat to the public health, safety and general welfare. The person or persons keeping or maintaining any non - domesticated animal that has been determined by the City Council to be a threat to the health, safety and general welfare shall have ten (10) days in which to comply with the provisions of this ordinance. Extensions beyond ten (10) days may be granted for just cause by the City Council. 506.07. Penalty. Any person, firm, corporation, or voluntary association which violates any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as defined by State law. 506.08. Effective Date. This emergency ordinance shall take effect and be in force effective May 29, 1990. (506 Non - domesticated Animal was added to City Code by Ordinance No. 09 - 90 passed by the Council May 29, 1990.) 111 607. Kennels 607.01 Definitions. Subdivision 1. Doq. For purposes of 607.01 through 607.06, "dog" shall include all dogs over the age of six (6) months. Subd. 2. Private Kennels. The keeping of three or more dogs on the same premises, whether such dogs are owned by the same person or not, shall constitute maintenance of a dog kennel. A private kennel shall be limited to a maximum of four dogs at all times. Subd. 3. Commercial Kennels. All kennels where the owner(s) boards, raises, breeds, sells or otherwise cares for a dog(s) for a consideration. 607.02 Licenses. Subdivision 1. License Required. No person shall maintain a kennel without having obtained a kennel license. Subd. 2. Dog License. Dogs kept in a licensed kennel shall not be required to be individually licensed pursuant to this code. 607.03 Requirements. Subdivision 1. Private Kennels. Private kennels shall be allowed only in the "S -R ", "R" and "R -X ", and heavy and light industrial districts after issuance of a conditional use permit by the city. Subd. 2. Commercial Kennels. Commercial kennels shall be only allowed in heavy and light industrial districts after issuance of a conditional use permit by the city. Subd. 3. Health, Safety and Welfare. No kennel license shall be issued or renewed if the council finds that maintenance of the kennel at the subject location would be injurious to the public health, safety or welfare. Subd. 4. Land Requirements. Five acres of land required for private kennels in the "S -R ", "R ", and "R -X" districts. Subd. 5. Notification. Notification of public hearing for conditional use permit to operate a kennel must be sent to all property owners within 1,000 feet of a proposed kennel. 607.04 Conditions. Subdivision 1. Sanitation. Every dog kennel shall be kept in a sanitary and healthful condition. 138 Subd. 2. Inspection. Every dog kennel shall be open to complete inspection by any properly designated officer or employee of the city, at any reasonable time. Subd. 3. Running at Large. No dog kept in a kennel shall be allowed to run at large at any time, either on the streets,, alleys or other public grounds or on private property of others within the city. Subd. 4. Noise. No person maintaining a kennel shall permit the dogs kept there to make noise from any cause whatsoever, sufficient to constitute a public nuisance. 607.05 Nuisance. Subdivision 1. Any kennel kept in violation of any provision of this code shall be deemed a public nuisance and may be abated as such. This shall be in addition to all other remedies provided for violation of this chapter. 607.06 Grandfather Clause. Subdivision 1. All kennels which are validly located within the city prior to the adoption of this ordinance may continue to exist as to size and present location, provided the kennel does not violate any provisions of the code in force on the date this ordinance is passed and adopted. (Chapter 607 amended by Ordinance 13 -84, passed December 27, 1984.) 139 WORK SESSION STAFF REPORT Work Session Item No. 6 Date: Council Work Session, Wednesday, March 23, 2005 To: City Council From: Gordon Heitke, City Administrator Re: Joint Powers Agreement Request — Pine Hollow, Circle Pines Background: The City of Circle Pines is requesting the two cities to enter into a joint powers agreement (JPA) to allow for the City of Lino Lakes to provide sanitary sewer service for a 52 unit single- family housing development known as Pine Hollow. Prior to entering into a JPA with Lino Lakes, sanitary sewer lines were constructed by the developer. After further research, it has been determined that these lines were constructed on private property, without permission and obtaining necessary easements from the property owner. The City of Lino Lakes should not consider executing a JPA until such time that adequate easements are obtained from the private property owner, or the sanitary sewer lines are proposed to be relocated and proper easements are obtained. Another issue of concern in approving another JPA with Circle Pines at this time relates to the recent violation by Circle Pines of the JPA for Rice Lake Estates Park. The City of Lino Lakes entered into a JPA with the City of Circle Pines in 1998 in which the City of Lino Lakes leased approximately one acre of land for 25 years with an extension option of 15 years and expended $45,000 in playground equipment, a basketball court and other site amenities. On September 22, 2004 the City of Circle Pines removed the playground equipment without notifying Lino Lakes staff. The sudden destruction of the facilities has left residents of Rice Lake Estates without a park. Staff is presently working with Circle Pines staff to determine how and when this situation will be remedied. The response of the City of Circle Pines is attached. 1 The City of Circle Pines has requested the approval of a JPA with contingencies due to the uncertainty of the location of the sanitary sewer pipe at this time. Staff is presently conferring with the City Attorney on this request in order to avoid any real or perceived approval of and involvement with the improper placement of sanitary sewer pipes on private property. Staff is also reluctant to recommend entering into a new JPA until there is an agreed upon resolution to the violation of the Rice Lake Estates Park JPA. Requested Council Direction: Staff is seeking Council review and approval of: 1) correspondence (forthcoming) from the City Attorney indicating conceptual agreement to a JPA to provide sanitary services to the Pine Hollow residential development in Circle Pines, upon determination and acceptance of the final sanitary sewer line location and proof of appropriate easements, and 2) an acceptable remedy to the resolution for violation of the Rice Lake Estates Park JPA. Attachments: 1. James Keinath letter, dated March 18, 2005 2 March 18, 2005 CITY OF CIRCLE PINES 200 Civic Heights Circle Telephone: (763) 784 -5898 Circle Pines, MN 55014 www.ci.circle- pines.mn.us Fax: (763) 785 -2859 TDD: (763) 784 -9724 Gordon Heitke City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Sewer Joint Powers Agreement Dear Mr. Heitke: This letter is a follow -up to our phone conversation and our recent meetings regarding the Joint Powers Sewer Agreement. As I have indicated we are at a decision point, as we are approaching the first closing for Pine Hollow at the end of March. Therefore you have agreed to place this item on the Council's March 28 agenda. As I understand it, the Lino Lakes city staff has no technical concerns about the Sewer Joint Powers Agreement and our interconnection with the City of Lino Lakes. Staff's concern rests with the replacement of the Rice Lake Estates Park that was on leased property, owned by the City of Circle Pines, south of the Pine Hollow Development. As you are aware, the City of Circle Pines discovered in June the Rice Lake Estates Park was partially installed to the north of the property the City of Circle Pines leased to the City of Lino Lakes for the installation of the park equipment. This error in location was discovered when the survey for the Pine Hollow Development occurred, and at our June 14, 20 04 meeting with Lino Lakes Staff we indicated that the park would need to be moved. The City of Circle Pines committed at that point to relocate the park and hard - surface basketball court further to the west. Our commitment to this remains unchanged. You have further requested a timeline for the replacement of these facilities. Listed below are the steps and dates whereby we expect to accomplish this replacement. As we have previously corresponded, we have retained Brauer & Associates to assist us in preparing plans for the relocation of this equipment. This also includes the master planning of the Baldwin Park site. Printed on Recycled Paper March 15 - The City of Circle Pines' task force, which is working on the Comprehensive Park Plan, met and gave general guidelines that will allow us to begin work on the master plan for Baldwin Park. April 8 - Alternatives for the relocation of the Lino Lakes equipment will be developed for consideration at an informational meeting with park area residents. April 14 - Public informational meeting will be held with the surrounding neighborhoods, city staff, task force, etc. to gather input from everyone to guide us in the decision making process. April 22 - The information gathered from the public meeting will be utilized to determine whether the replacement of the Lino Lakes playground structure is to be integrated into the Baldwin Park Master Plan, or if it will be a freestanding project. That decision will affect the timeline for the equipments availability. If the replacement of the playground structure is a freestanding project, and not integrated into the Baldwin Park Master Plan project, we would envision a time schedule that has quotes prepared for the May 3 Park Board meeting. May 3 - Park Board would award quotes authorizing construction, envisioning that project completion would be in 30 -45 days. As you are aware, the Lino Lakes Park Board has recommended the equipment be part of Baldwin Park within the City of Circle Pines. The timeline prepared by Brauer and Associates, if that course is chosen, is attached for your information. Irregardless of the final location, Circle Pines will complete the park equipment relocation as quickly as possible. As has been consistently indicated, we believe it is in our mutual interest to provide recreational services to all people in the area to the extent that we are able, which is why the City of Circle Pines was willing to lease Circle Pines and to Lino Lakes in the first placo We look forward to your favorable consideration. Sincerely, James W. Keinath City Administrator Enclosure: (1) Baldwin Park Master Plan Project Tentative Schedule - Baldwin Park Master Plan Project Tentative Project Schedule TENTATIVE MEETING SCHEDULE: ■ Pubic Programming Meeting: April 14th, 2005 @ 6:30 or 7:00 pm. This meeting is a start-up meeting held with the public in the surrounding neighborhoods, the city staff, task force, etc. to introduce the project, explain the process and gather input from everyone to include in the master planning process. (Note: We are allowing a 3 -week period in between the programming meeting and the conceptual design meeting to allow a meeting with the task force / city staff to review and comment on the concept plans prior to the public meeting. There may be minor revisions necessary prior to the public meeting.) • Conceptual Design Public Meeting: May 5t', 2005 @ 6:30 or 7:00 pm. This is a public meeting where Brauer would present two to three conceptual designs for the park based on the input gathered at the first meeting. The public would review the concepts, provide review and input on the designs, provide priorities for the elements in the plan, etc. • Preliminary Master Plan Public Open House Meeting: May 19th, 2005 @ 6:30 or 7:00 pm. This is a public open house meeting where the revised plan, based on comments from the conceptual design meeting, would be available for the public to review and comment on one final time before taking the plan to the city for approval. • Final Master Plan to Park Board Meeting: June 7, 2005 @ 6:30 p.m. This is a public meeting to present the final plan to the Park Board for approvals. 3/18/2005 1 of 1